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2026 Supreme(Online)(Ker) 31708

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.Ravi, J
Peter – Appellant
Versus
Jaimon Joseph – Respondent
OP(C) NO. 3293 OF 2025



Advocates:
For the Appellants/Petitioners: George Sebastian
For the Respondents: P.I.Jayakumar

The High Court will not interfere with concurrent findings of subordinate courts regarding temporary injunctions under Article 227 when such orders are well-reasoned, opting instead to direct the expedited disposal of the underlying suit.

Headnote:The petitioner challenged an order of the trial court affirmed by the First Appellate Court, wherein an application for interim injunction was dismissed. The court examined the limits of its supervisory jurisdiction and the prayer for expedited trial proceedings. It was held that where the trial court and the appellate court concur on the findings regarding temporary injunctions, the High Court under supervisory jurisdiction will not interfere, provided the trial process is expedited to ensure justice. The central issue pertains to whether the High Court ought to interfere with concurrent findings of subordinate courts regarding temporary injunctions under Article 227 of the Constitution. The ratio decidendi emphasizes that the supervisory powers under Article 227 are not to be used to re-evaluate evidence in interlocutory matters if the lower courts have arrived at a considered decision. The original petition was disposed of by affirming the orders of the lower courts and directing an early disposal of the suit within six months.

Table of Content
1. summary of procedural history regarding the challenged injunction orders. (Para 1)
2. refusal to interfere with concurrent findings under supervisory jurisdiction. (Para 2)
3. court directs expedited trial of the underlying suit. (Para 3)

JUDGMENT

The plaintiff has filed this original petition. The interlocutory application filed for interim injunction was dismissed by Ext.P4 order. The order was challenged in appeal by the petitioner and the First Appellate Court concurred with the finding of the trial court and dismissed the CM Appeal by Ext.P6 order dated 09.09.2025. It is the said order that is challenged in this original petition.

2. In exercise of the jurisdiction under Article 227, it is not proper for this Court to interfere with the well considered order of the trial court which has been affirmed by the First Appellate Court.

3. The counsel for the petitioner prayed that if the court is not inclined, the suit may be directed to be expedited.

In view of the above submission, this original petition is disposed of affirming Exts.P4 and P6 orders and directing the Munsiff Court, Ettumanoor to consider and dispose of OS.No.2 of 2024, at the earliest, at any rate within six months from the date of receipt of a copy of this judgment untrammelled by the observations in Exts.P4 and P6.

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