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2013 Supreme(Online)(KER) 35937

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
PULAYAR MAHASABHA – Appellant
Versus
KURIAN – Respondent


JUDGMENT

Petitioner is the plaintiff in O.S. No. 10 of 2013 of the Munsiff's Court, Kanjirappally. That is a suit for prohibitory injunction against construction of a public crematorium in the suit property belonging to the petitioner, for mandatory injunction and other reliefs.

2. According to the petitioner, the suit property was gifted to it by the erstwhile Travancore Government in the year, 1938 for construction of a cemetry. Third respondent, the local authority is proposing to convert 50 cents into a public crematorium. Hence the suit.

3. It is submitted that respondents are served with notice on the application for injunction and summons in the suit but respondents have demolished boundaries of the suit property. Hence this original petition for a direction to the respondents 3 and 4 not to construct crematorium till disposal of the suit.

4. Learned counsel has argued on the necessity for urgent orders in this original petition. Since the application for temporary injunction is pending before learned Munsiff, no relief as prayed for in this original petition could be granted. Petitioner has aired its grievance in the trial court where the application for temporary injunction i

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