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2018 Supreme(Online)(KER) 44386

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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