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C.J.ANTONY, S/O.CHAKKIATH JOSEPH versus FR.AUGUSTINE, THENAYAN, S/O.VARIATH

High Court of Kerala

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C.J.ANTONY, S/O.CHAKKIATH JOSEPH v. FR.AUGUSTINE, THENAYAN, S/O.VARIATH - FAO No. 219 of 2007 [2007] RD-KL 14408 (30 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 219 of 2007()

1. C.J.ANTONY, S/O.CHAKKIATH JOSEPH,
... Petitioner

2. BABU ANTONY, S/O.ANTONY,

3. SHAJI ANTONY, S/O.C.J.ANTONY,

4. SHIJO ANTONY, S/O,. C.J.ANTONY,

Vs

1. FR.AUGUSTINE, THENAYAN, S/O.VARIATH,
... Respondent

2. FR.SEBASTIAN VADAKKUMPADAM,

3. SHOLLY THALIYAN, S/O.ANTONY,

4. FR.SEBASTIAN PYNADATH, AGED 57 YEARS,

5. FR.BIJU CHAKKIATH, S/O.PAULOSE,

6. MALAYATTOOR KURUSSUMUDI INTERNATIONAL

For Petitioner :SRI.M.P.SREEKRISHNAN

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :30/07/2007

O R D E R

J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

F.A.O.NO.219 OF 2007 ()

Dated this the 30th day of July, 2007



J U D G M E N T

KOSHY,J.

Appellant plaintiff filed I.A.No.3930/2006 for injunction. Interim application was dismissed finding that their prima facie possession was not proved. There was some observations regarding the execution of Will. It is stated in the order itself that those questions are of larger issue and that have to be decided separately on evidence. Therefore whatever findings and observations made in the interim order is not binding in the final adjudication and parties can adduce evidence, and on the basis of the evidence, suit will be decided. On the facts and circumstances of the case, we see no reason to interfere in the impugned order and hence this appeal is dismissed. We are not expressing any opinion on the merits of the case.

J.B.KOSHY, JUDGE

T.R.RAMACHANDRAN NAIR, JUDGE

prp

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

M.F.A.NO. OF 2006 ()

J U D G M E N T

2nd July, 2007


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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