Mohandas v. R.Suresh
Case brief
What is this about?
The High Court observed that since a cross-suit is pending and the impugned injunction order is stayed, merits need not be tried. It ordered joint trial of both suits and disposal within three months.
What did the court decide?
Stay of injunction continued; cross-suit transferred to Sub Court; both suits to be disposed of within 3 months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 1ST FEBRUARY 2007 / 12TH MAGHA 1928
FAO.No. 141 of 2006()
AGAINST THE ORDER DATED 10/04/2006 IN IA.NO.179 OF 2006 IN OS.22/2006 OF SUB COURT, NEDUMANGAD
APPELLANTS/COUNTER PETITIONER/DEFENDANTS
- MOHANDAS, S/O. NALLATHAMPI, AGED 40, VINOD BHAVAN, ARANAMKODEU, KADAMBANATTU MURI, ARUVIKKARA VILLAGE, NEDUMANGADU TALUK.
- REETHA, D/O. NASAMMA, AGED 36, DO. DO.
BY ADV. SRI.THIRUMALA P.K.MANI
Issues for consideration
2 issues framed by the court
Whether the order granting temporary injunction should be reconsidered given pending cross-suits?
Whether O.S. No. 142 of 2006 should be transferred to the Sub Court for joint trial with O.S. No. 22 of 2006?
Parties & counsel
- appellant
MOHANDAS
- appellant
REETHA
- respondent
R.SURESH
Coram
Case details
As recorded by the court registry
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