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2015 Supreme(Online)(KER) 22316

HIGH COURT OF KERALA
C.K. ABDUL REHIM, MARY JOSEPH, JJ
NOORSHAH – Appellant
Versus
SHANITHA    Advocate - SRI T S AJITH, SRI T S AJITH,CHINCY GOPAKUMAR – Respondent


JUDGMENT

C.K.Abdul Rehim, J.

In this original petition filed under Article 227 of the Constitution of India the petitioner is challenging an order passed by the Family court, Thrissur in I.A.No.2365 in O.P.No.794/15. By virtue of the said order, copy of which is produced as Ext.P4, the court below had dismissed an interim injunction application filed by the petitioner, under Order 39 Rule 1 of the Code of Civil Procedure.

2. The petitioner herein had filed O.P.No.794/15, seeking relief by way of a permanent prohibitory injunction restraining the respondent herein from causing any obstruction to the peaceful enjoyment and residence of the petitioner and his family members in the petition scheduled property and from causing any damage or waste therein, and in the residential building situated therein. Allegations in the original petition in brief is that; there exists severe matrimonial discord between the petitioner and the respondent. The petition scheduled property exclusively belongs to the petitioner and the residential building situated therein was constructed by him, and that the said property is under the possession and enjoyment of the petitioner. It is stated that, during Febr

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