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2010 Supreme(Online)(KER) 10815

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
VARKEY – Appellant
Versus
MATHEW.P.SEBASTIAN – Respondent


Advocates:
SRI.M.PAUL VARGHESE, SRI.M.K.GINASH

J U D G M E N T

Writ petitioner is the plaintiff in O.S. No.261 of 2009 of the court of learned Munsiff, Muvattupuzha. An ex parte interim order of injunction was passed in his favour on I.A. No.1324 of 2009 restraining respondents from trespassing into plaint A schedule and causing obstruction to the plaint B schedule. Alleging that respondents violated the ex parte interim order of injunction petitioner filed I.A. No.2387 of 2009 for enforcement of the interim order of injunction with the assistance of police. On the respondents undertaking not to violate the interim order of injunction that application was posted along with the suit. Alleging that there was further violation on the part of the respondents, petitioner filed I.A. No.94 of 2010 again for enforcement of the interim order of injunction with the assistance of police. That application was dismissed by the learned Munsiff observing that a similar application is pending and that remedy of petitioner was to seek an order on the said application (I.A. No.2387 of 2009), that interim order of injunction sought to be enforced is not a final order after hearing both sides and hence no police assistance can be ordered. Petitione

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