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2011 Supreme(Online)(KER) 30764

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
M/S SHWAS HOMES PVT LTD – Appellant
Versus
N V HANEESH KUMAR – Respondent


JUDGMENT

These Original Petitions arise from the order passed by the learned Principal Munsiff, Ernakulam on I.A.No.1880 of 2011 in O.S.No.270 of 2011 as confirmed by the learned Additional District Judge-I, Ernakulam by a common judgment dated 23.09.2011 in C.M.A.Nos.38 of 2011 and 39 of 2011. The learned Munsiff granted injunction restraining the defendant from running its office on the ground floor of plaint schedule building and from doing service apartment business by leasing out the rooms to hotels or providing passage through the premises of the building other than to the building in question without required licence from the concerned authorities till the disposal of the suit. It was made clear that first part of the order of injunction with regard to running of office will come into effect only after one month (since it came out in the evidence that the defendant was running its office in the said room for some time before the institution of the suit). Both sides were aggrieved by the order and preferred C.M.A.Nos.38 and 39 of 2011. Learned Additional District Judge confirmed the order passed by the learned Munsiff. Both sides are aggrieved and have preferred these Original

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