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2008 Supreme(Online)(KER) 25537

HIGH COURT OF KERALA
M.SASIDHARAN NAMBIAR, J
PRESIDENT, KOTTIYATTU MUKKU MAHAVISHNU – Appellant
Versus
MANGATT KETTIYATTUMUKKU SREE MAHAVISHNU – Respondent


Advocates:
SRI.RAJIT SRI.RANJIT BABU

JUDGMENT

Petitioners are defendants in O.S.67 of 2005 on the file of Munsiff Court, Chavakkad. Respondents are plaintiffs. Respondents filed I.A 275 of 2005, an application under Order XXXIX Rule 1 and 2 of Code of Civil procedure, for an order of temporary injunction restraining petitioners from using the title “Kottiyattumukku Sree Mahavishnu Kshethram” for any purpose. Under Ext.P1 order, learned Munsiff vacated the order of temporary injunction, which was originally granted exparte. Respondents challenged that order before District Judge, Thrissur in CMA 190 of 2005. Learned Additional District Judge, on reappreciating the materials found that respondents have established a prima facie case and balance of convenience is also in their favour and if the order of injunction is granted, irreparable injury will be caused. Therefore learned District Judge set aside the order vacating the order of temporary injunction originally granted and made the original order granted by Munsiff, absolute till disposal of the suit. It is challenged in this petition filed under Article 227 of Constitution WP(C) 20916/2008 2 of India.

2. Learned counsel appearing for petitioners vehemently argued that

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