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2010 Supreme(Online)(KER) 964

HIGH COURT OF KERALA
HARUN-UL-RASHID, J
THE KERALA HIGH COURT ADVOCATES' ASSN. – Appellant
Versus
BABBALAN – Respondent


SRI.G.SHRIKUMAR, SRI.K.V.SOHAN2) THE KERALA HIGH COURTS ADVOCATES3) MS GEO FOUNDATION STRUCTURES PLTD

J U D G M E N T

The writ petition is filed under Article 227 of the Constitution of India challenging Ext.P22 order passed by the 1st Additional Munsiff Court, Ernakulam in I.A.No.483 of 2009. The writ petitioners are the Kerala High Court Advocates’ Association, Kerala High Court Advocates’ Association Chamber Society and M/s Geo Foundation & Structures (P) Ltd. They are the defendants in O.S.No.85 of 2009 pending before the Munsiff Court, Ernakulam. I.A.No.483 of 2009 is a petition filed under Section 91 of the Code of Civil Procedure seeking leave of the court to institute the suit. By the impugned order, the learned Munsiff allowed the petition and the leave initially granted on

19.1.2009 is made absolute.

2. Ext.P1 is the plaint filed along with Ext.P2 petition for leave. Suit is filed seeking the following reliefs:

“i) To pass a judgment and decree, declaring that the defendants have no right to carry on with the construction work in the scheduled property more commonly known as the Ram Mohan Palace.

ii) To issue an order of injunction restraining the defendants or any body under them from trespassing the scheduled property.

iii) To issue a mandatory injunction to undo the wrong

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