Partly allowed

Cavunal Rubber Estate Pvt.Ltd. v. Jose Thomas

Kerala HC23 Jul 2010WP(C)/21282/2010

Case brief

AI extract

What is this about?

The High Court granted an interim injunction restraining the respondent from cutting trees in the plaint schedule property for ten days. The court also directed the lower court to provide the petitioners with a carbon copy of the relevant order within one week.

What did the court decide?

Interim injunction restraining the respondent from cutting and removing trees for ten days; direction to Sub Court to provide carbon copy of order within one week.

Cavunal Rubber Estate Pvt.Ltd. Vs Jose Thomas — Civil Procedure and Limitation | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.BHAVADASAN

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FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932

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WP(C).No. 21282 of 2010(O)

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----------------------------------------AGAINST THE ORDER DATED 06/07/2010 IN IA 914/2010 IN OS.172/2010 of SUB COURT, PATHANAMTHITTA

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PETITIONER(S): PLAINTIFFS

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-------------------------------------------

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1. CAVUNAL RUBBER ESTATE PVT . LTD., REGD.OFFICE AT ST.MARY'S GROUP TOWERS, RAMANCHIRA, MUTHOOR P.O.,THIRUVALLA, REP.BY ITS MANAGING DIRECTOR.

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2. T.O.ABRAHAM, S/O.LATE KURUVILLA UNNITHAN THOTTATHIL MALIYEKKAL,THURUTHIKKADU, MALAPPALLY.

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BY ADV. SRI.BECHU KURIAN THOMAS

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RESPONDENT(S): DEFENDANT

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---------------------------------------------

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JOSE THOMAS, S/O.P.O.THOMAS, PADINJARE PUTHEN VEEDU, KANNANKODU MURI, ADOOR VILLAGE,

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R1 BY ADVS. SRI. K.SHAJ, SRI.SAJJU.S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.21282/2010

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JUDGMENT

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In view of the interim order passed by this court on 08.07.2010, no further orders are required in this appeal and it is accordingly closed.

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23/07/2010

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SD/- P.BHAVADASAN, JUDGE

TRUE COPY

P.A. TO JUDGE

tss

P.BHAVADASAN, J.

------------------------------------WP(C) No.21282 of 2010-O ------------------------------------Dated 8th July 2010

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Order

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The petitioners have produced Ext.P2 order passed by the Sub Court, Pathanamthitta, whereby an interim injunction was granted in their favour, restraining the respondent from cutting and removing the trees standing in the plaint schedule property. After the passing of Ext.P2 order, the respondent entered appearance and filed a counter affidavit. Considering the averments contained in the counter affidavit, the interim injunction granted was vacated, by order dated 06.07.2010.

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The petitioners submit that immediately, they applied for a carbon copy of the said order to pursue their remedies. But, they were not given the carbon copy immediately. According to the petitioners, if in the meanwhile, the trees are cut and removed, the suit itself will become infructuous. Therefore, they pray for an

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WPC 21282/10

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interim injunction, restraining the respondent from cutting and removing the trees till a carbon copy of the above mentioned order is received by them.

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The above prayer seems to be only just and reasonable. Accordingly, there will be an interim injunction, restraining the respondent or his agents or anybody claiming under him, from cutting and removing the trees standing the plaint schedule property for a period of ten days.

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The Sub Court, Pathanamthitta will make available to the petitioner, a carbon copy of the order passed in the IA for temporary injunction, within one week from today.

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Handover.

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P.BHAVADASAN, JUDGE

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sta

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WPC 21282/10 3

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WPC 21282/10 4

Cavunal Rubber Estate Pvt.Ltd. v. Jose Thomas

Case brief

What is this about?

What did the court decide?

Cavunal Rubber Estate Pvt.Ltd. v. Jose Thomas

Case brief

What is this about?

What did the court decide?

What the court decided

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