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2013 Supreme(Online)(KER) 35939

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
BABU – Appellant
Versus
SINIMOL    Advocate - C V RAJALAKSHMI, ,C V RAJALAKSHMI,V T RAGHUNATH – Respondent


JUDGMENT

Ext.P9, order dated 11.02.2013 on I.A. No. 163 of 2013 in O.S. No. 581 of 2012 of the Principal Munsiff's Court, Chethala is under challenge.

2. Respondent/plaintiff filed O.S No. 581 of 2012 praying for a decree for prohibitory injunction. She moved I.A. No. 3404 of 2012 for an order of temporary injunction. On that application learned Munsiff passed ex parte, ad interim order of injunction. Later, respondent filed I.A. No. 163 of 2013 to enforce that ex parte, ad interim order of injunction with police assistance. That application was allowed by Ext.P9, order.

3. Learned counsel for petitioners submits that unless injunction as granted after hearing both sides, question of its enforcement with police assistance does not arise. Reliance is placed on the decision in Kochupennu Ambujakshi and others V. Veluthakunju Vasu Channar and others (AIR 1993 Kerala 62).

4. I have heard learned counsel for the respondent as well.

5. As aforesaid, what is sought to be enforced by Ext.P9, order with police assistance is an ex parte, ad interim order of injunction. Such an order is not enforcible with police assistance as this court has held in the decision cited supra. Therefore, Ext.P9, ord

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