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K.G. HARIDAS, S/O.GOPINATHAN versus KERALA STATEL, REPRESNTED BY

High Court of Kerala

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K.G. HARIDAS, S/O.GOPINATHAN v. KERALA STATEL, REPRESNTED BY - FAO No. 32 of 2007 [2007] RD-KL 2210 (31 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 32 of 2007()

1. K.G. HARIDAS, S/O.GOPINATHAN,
... Petitioner

2. MURALIKRISHNA. S.S.,

Vs

1. KERALA STATEL, REPRESNTED BY
... Respondent

2. DEPUTY TAHSILDAR (R.R.),

3. VILLAGE OFFICER, ALANGADU VILLAGE.

4. VILLAGE OFFICER,

For Petitioner :SRI.K.JAYAKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice K.T.SANKARAN

Dated :31/01/2007

O R D E R

KURIAN JOSEPH & K.T.SANKARAN, JJ. F.A.O.No.32 of 2007 Dated 31st January, 2007.

J U D G M E N T

Kurian Joseph, J.

Government Pleader takes notice on behalf of the respondents. Heard the learned counsel appearing for the appellants and the learned Government Pleader.

2. This appeal is directed against the order dated 16.12.2006 in I.A.No.350/06 in O.S.39/06 on the file of the Sub Court, North Paravur. The application was filed for a temporary injunction restraining the respondents herein, who are the defendants in the suit from proceeding with the revenue recovery steps initiated at the instance of Punjab National Bank. The application was dismissed for the only reason that the requisitioning authority was not on the party array. Learned counsel for the appellants submits that an application has already been filed before the trial court to implead the Bank. In that view of the matter, it is not necessary for this Court to retain this appeal any more. Accordingly, we dispose of the appeal as follows :- Appellants are free to move a fresh application for FAO NO.32/07 2 injunction, with the Bank on the party array. In the event of such an application being filed within ten days from today, orders in accordance with law, after hearing the parties will be passed by the court below, within another one month. In order to enable the appellants to work out the relief as above, the interim order originally granted by the court below on 20.3.2006 will continue for another six weeks. It is made clear that the order under appeal shall not stand in the way of the court below passing fresh orders as directed above, on merits. SD/-

KURIAN JOSEPH, JUDGE.

SD/-

K.T.SANKARAN, JUDGE.

tgs

KURIAN JOSEPH & K.T.SANKARAN, JJ

W.P.(C) NO. OF 2004

J U D G M E N T

Dated 31st January, 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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