HIGH COURT OF KERALA
V.CHITAMBARESH, J
DOLLY VARKEY – Appellant
Versus
SHAITUS GEORGE TITUS GEORGE – Respondent
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J U D G M E N T
The status quo available as on the date of suit has been well reported by the Advocate Commissioner on 28.11.2012. But his report and plan dated 18.12.2012 reflected that the status quo has since been altered. It was obviously done during the operation of the order of injunction passed in the suit. It is under these circumstances have the Courts below concurrently allowed the application for interim mandatory injunction.
2. The very purpose of the interim mandatory injunction is to restore status quo ante as on the date of suit. I do not find any error of jurisdiction in the orders of the Courts below warranting interference. The petitioners have a case that they were impleaded only much after the interim order of injunction. But the fact that they are none other than the aged mother and the spinster sister of the original defendant in the suit cannot be lost sight of. Their impleadment in the suit was necessitated since it was urged that the pathway flows along their property also.
3. The petitioners have yet another case that the status quo ante has already been restored. They rely on the report dated 21.01.2013 of the Advocate Commissioner for this purpose. It woul
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