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SAJI PHILIP, S/O. PHILIP versus VIDHYA T.R.

High Court of Kerala

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SAJI PHILIP, S/O. PHILIP v. VIDHYA T.R. - WP(C) No. 12663 of 2006(G) [2007] RD-KL 11492 (28 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 12663 of 2006(G)

1. SAJI PHILIP, S/O. PHILIP,
... Petitioner

Vs

1. VIDHYA T.R.,
... Respondent

2. BIJU P.T.,

For Petitioner :SMT.M.K.PUSHPALATHA

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :28/06/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.12663 of 2006
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Dated: 28th June, 2007



JUDGMENT

In this Writ Petition under Article 227 of the Constitution the defendant in a suit for injunction impugns an order of ex parte injunction passed by the trial court. Even though a stay was asked for in respect of the operation of the impugned injunction order, this court was not inclined to grant the same. In all probability the Writ Petition has become infructuous. At any rate, the remedy open to the petitioner was to enter appearance before the court below filing counter affidavit in the application and to facilitate a decision on the injunction application on its merits. The petitioner could have also preferred an appeal to the District Court if she was of the opinion that the ex parte order of injunction was totally unreasonable. Either way the Writ Petition under Article 227 of the Constitution is not maintainable and the same is dismissed.

srd PIUS C.KURIAKOSE, JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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