GOPALAKRISHNAN P., S/O. LATE versus SRI. CHITHARANJAN, S/O. NOT KNOWN

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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GOPALAKRISHNAN P., S/O. LATE v. SRI. CHITHARANJAN, S/O. NOT KNOWN - Con Case(C) No. 582 of 2007(S) [2007] RD-KL 14011 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 582 of 2007(S)

1. GOPALAKRISHNAN P., S/O. LATE
... Petitioner

2. DR. NATARAJAN P., S/O. LATE LAKSHMANAN,

Vs

1. SRI. CHITHARANJAN, S/O. NOT KNOWN,
... Respondent

2. SRI. SURESH, S/O. NOT KNOWN, AGED NOT

3. SRI. KRISHNA MOHAN, S/O. LATE

4. SRI. GEEVANDAN, S/O. NOT KNOWN, AGED

For Petitioner :SRI.B.MOHANLAL

For Respondent :SMT.C.G.BINDU

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :25/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... CONT. CASE (C) No.582 OF 2007 ...........................................................

DATED THIS THE 25th JULY, 2007

J U D G M E N T

Heard Sri.B.Mohanlal, counsel for the petitioners, Sri.M.K.Chandramohan Das, Standing Counsel for the Alappuzha Municipality and Smt.C.G.Bindu, counsel for the party-respondent.

2. It is conceded before me that Annexure-III order was modified by this Court as an order restraining the petitioners herein from evicting the party-respondent from the premises in question other than through due process of law. It is also conceded that the Munsiff's Court, Alappuzha has passed an order of injunction in O.S.No.892 of 2006 restraining the Municipality from evicting the party-respondent until further orders. In view of the conceded position that the Municipality has been restrained by a competent civil court and that this Court itself has modified Annexure-III order and that the said order has been appealed against and is now pending in Writ Appeal before this Court, according to me, this Court will not be justified in initiating action against the respondents for contempt at this stage. The Contempt of Court Case is closed. It is however made clear  CONT. CASE (C)N0.582/07 that it will be open to the petitioners to move this Court again on the basis of the judgment in the Writ Appeal and any order which may be subsequently passed by the competent civil court in modification of the injunction order presently passed.

(PIUS C.KURIAKOSE, JUDGE)

tgl  CONT. CASE (C)N0.582/07 

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