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DESEEYA KARSHAKA RAKSHA SAMITHI versus JOSE, S/O.JOSEPH, AGED 44 YEARS

High Court of Kerala

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DESEEYA KARSHAKA RAKSHA SAMITHI v. JOSE, S/O.JOSEPH, AGED 44 YEARS - WP(C) No. 24356 of 2007(Y) [2007] RD-KL 15365 (10 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24356 of 2007(Y)

1. DESEEYA KARSHAKA RAKSHA SAMITHI,
... Petitioner

Vs

1. JOSE, S/O.JOSEPH, AGED 44 YEARS,
... Respondent

2. U.SAIDH, S/O.IBRAYAN, AGED 54 YEARS,

3. MUHAMMED KUNHI, FATHER'S NAME NOT

4. ASHRAF, FATHER'S NAME NOT KNOWN TO

5. KAVU @ ABDUL KHADER, FATHER'S NAME NOT

6. MATHAI, FATHER'S NAME NOT KNOWN TO

7. AUGUSTY, S/O.JOSEPH, AGED 38 YEARS,

8. MATHEW, S/O.JOSEPH, AGED 35 YEARS,

For Petitioner :SRI.SUNIL NAIR PALAKKAT

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :10/08/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No.24356 OF 2007 Y

Dated this the 10th August, 2007.



JUDGMENT

This writ petition is filed challenging the order of the Munsiff, Thaliparamba in dismissing an application for a temporary injunction. It is an appealable order under Order XLIII of the Civil Procedure Code. The appropriate remedy for the present writ petitioner is to file the appeal and not rushing to this court for interference. Therefore, I do not entertain this writ petition under Art.227 of the Constitution of India and dismiss the same. If the plaintiff approaches the appellate authority, the said court considering the urgency of the matter shall try to hear both sides at the earliest and dispose it of in accordance with law. M.N.KRISHNAN Judge jj


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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