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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.NATARAJAN, J
BHARATH LAJHNA MULTI STATE HOUSING CO-OPERATIVE SOCIETY LIMITED – Appellant
Versus
SUNIL A.K – Respondent
| Table of Content |
|---|
| 1. challenge to stay order of the trial court (Para 1 , 2 , 3) |
| 2. claims of payment defaults by the tenant (Para 4 , 5) |
| 3. counterarguments from the respondent (Para 6 , 8) |
| 4. court's reiteration of tenant obligations and arguments regarding ownership (Para 7 , 9 , 10) |
| 5. owner’s rights and claims in civil disputes (Para 11 , 12 , 14) |
| 6. the petitioner's right to utilize the property upheld (Para 15) |
JUDGMENT
This petition is filed by the petitioner by challenging Ext.P8 order dated 13.05.2025 passed by the District Court, Thrissur in CMA No.41 of 2025 by staying the order passed by the trial court in favour of the petitioner under Order 39 Rule 1 of the Code of Civil Procedure, 1908 (CPC) .
2. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.
3. The case of the petitioner is that the respondent filed suit, OS No.330 of 2025 against the petitioner, not to evict the respondent without due process of law. It is submitted that previously the trial court passed an ad - interim injunction against the petitioner and later the same was modified and the petitioner being the defendant also filed an application under Order 39
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