HIGH COURT OF KERALA
GULF ASIA CONTRATING COMPANY LTD – Appellant
Versus
M/S R I KANTH PROPERTY DEVELOPERS PVT LTD Advocate - SAJU S A, ,SAJU S A,K SANEESH KUMAR,VINOD RAVINDRANATH – Respondent
In a suit for prohibitory injunction filed by
the tenant against the landlord, the following ad
interim order of injunction was passed:
“The respondents or their men are restrained
from obstructing the petitioner from repairing the
outdoor units of Airconditioner kept on the exterior side
walls of the building or from obstructing anything viz.,
seats projectors etc from being brought into the theatre
or fro disconnecting or dismantling amenities to the
theatre until respondents appear and file couter. Hg:
15.03.2018.”
The said order is under challenge in this Original
Petition by the landlord.
2.
The learned counsel for the petitioner-
landlord would assail the order on various grounds
including the jurisdiction of the civil court to
entertain a suit of the instant nature and also the
exercise of equity jurisdiction to grant and
-: 2 :-
interim injunction when huge amount of rent is kept
in arrears by the tenant.
3.
As noticed supra, the impugned order is
purely an ad interim ex parte order. The remedy of
the petitioner is to approach the same court which
passed the order by filing objections or such other
applications as may be necessary and to have the
order vacated o
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