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JOY N PARUR v. CHACKO JOSEPH - SA No. 573 of 1993  RD-KL 2206 (31 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMSA No. 573 of 1993()
1. JOY N PARUR
1. CHACKO JOSEPH
For Petitioner :SRI.S.VIDYASAGAR
For Respondent :SRI T.A.GOPALAKRISHNA MENON
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
O R D E R
M.SASIDHARAN NAMBIAR,J.S.A.NO. 573 OF 1993
DATED THIS THE 31st DAY OF JANUARY, 2007
Second appeal was filed challenging the concurrent decree and judgment passed by Munsiff Court, North Paravur dismissing O.S.568/87 a suit for injunction, which was confirmed by Additional Sub Judge, North Paravur in A.S. 162/88. The decree sought for was from forcibly evicting appellant from the plaint schedule property, other than by due process of law. It was contended that when O.S.568/87 was filed by respondent seeking a decree for recovery possession, Courts below should not have decided the question whether the relationship between appellant and respondent is that of landlord and tenant or a licencer and licencee. It was reported that O.S.508/1987 was subsequently decreed exparte on 9.6.1993 and appellant filed an application under Order IX Rule 13 of Code of Civil Procedure to set aside the exparte decree, which was also dismissed as not pressed on 14.3.1995. In view of the decree for recovery possession obtained by respondent, there is no necessity to consider the claim of appellant that he shall not be forcibly evicted other than 2 by due process of law as a decree for recovery of possession was already granted to respondent in 1993 itself. No substantial question of law arises in the appeal. Second Appeal is dismissed.
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