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2023 Supreme(Online)(KER) 18849

HIGH COURT OF KERALA
RIDWIE SHARAF
– Appellant
Versus

STATE OF KERALA – Respondent


JUDGMENT

Aggrieved by Ext P6 order passed in IA No.3/2022 in CMA No.175/2022 of the Court of the Vacation Judge, Palakkad (Appellate Court), the appellant has filed the original petition. The respondents are the respondents in the appeal.

2. The concise case of the petitioner in the original petition is that he has filed OS No.655/2022 before the Court of the Munsiff, Palakkad (Trial Court), against the respondents, for a decree of mandatory injunction to permit him to participate in the faculty of “Vrundavadyam (HSS) (General)” in the 61st Kerala State School Kalotsavam- 2022-2023, (in short, ‘Kalotsavam’) to be held in Kozhikode from January 3rd to 7th, 2023. Along with the suit, the petitioner filed IA No.3050/2022, for an order of temporary injunction. The Trial Court, by Ext P4 order, rejected IA No.3050/2022. Aggrieved by Ext P4 order, the petitioner preferred CMA No.162/2022 before the Appellate Court. With the appeal, the petitioner filed IA No.3/2022, for an order of temporary mandatory injunction, to permit him to participate in the Kalotsavam. The Appellate Court, by the impugned Ext P6 order rejected the application. Ext P6 order is manifestly wrong and unsustainable in

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