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2025 Supreme(Online)(KER) 9062

HIGH COURT OF KERALA
K. Babu, J
NARANKULANGARA BHASKARAN – Appellant
Versus
NARAYANAN CHERUKUNNON – Respondent


Advocates:
V.R.KESAVA KAIMAL, C.DEVIKA RANI KAIMAL, S.S.ARAVIND, M.V.AMARESAN

JUDGMENT

The order granting an interim mandatory injunction by the Trial Court and confirmed by the Appellate Court is under challenge in this proceedings. The petitioner is defendant No.1 in the suit.

2. The plaintiff instituted the Original Suit No.197/2017 before the Munsiff's Court, Payyannur, seeking a permanent prohibitory injunction restraining defendant No.1 from blocking a way.

3. Along with the suit, the plaintiff filed an application seeking a temporary injunction against defendant No.1. In the application, the Trial Court directed both parties to maintain status-quo as reported by the Advocate Commissioner.

4. The plaintiff filed I.A No.510/2018 alleging that in violation of the order of the temporary injunction, defendant No.1 blocked the way by putting an old cycle on the steps that led to plaint 'A' schedule property. The plaintiff also alleged that defendant No.1 locked the gate that existed prior to the institution of the suit. Therefore, the plaintiff prayed for an interim mandatory injunction seeking a direction to defendant No.1 to remove the obstructions on the way.

5. Defendant No.1 resisted the application, denying the averments in the application seeking interim

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