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2013 Supreme(Online)(Ker) 36249

KERALA HIGH COURT
S. S. Satheesachandran, J.
KSEB and Another v. Paul and Another


Table of Content
1. factual background of the case and nature of the injunction. (Para 1 , 2)
2. court's observations on procedural compliance in injunction enforcement. (Para 3 , 4 , 5)
3. final orders regarding restoration and procedural handling of claims. (Para 6 , 7)

1. Petitioners are defendants 1 and 2 in a suit for injunction. Respondents are the plaintiffs. The above defendants have filed this original petition challenging Ext. P12 common judgment passed by the learned District Judge in two appeals, by which, he affirmed Ext. P11 common order passed by the Munsiff allowing two applications of plaintiffs, one for interim mandatory injunction and the other for prosecution of defendants for violation of the interim injunction ordered against them in the suit.

2. Ext. P1 is copy of the plaint which describes two schedules, 'A' schedule and 'B' schedule. The former is stated to be a property in possession of the plaintiffs and the latter a road having a width of four metres allegedly used for ingress and egress to 'A' schedule and also to a Church. Plaintiffs laid the suit alleging that attempts are being made by defendants to interfere with their enjoyment over 'B' schedule putting





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