Sandeep v. Suresh
Case brief
What is this about?
The High Court of Kerala made the order granting temporary injunction absolute. The Court directed the lower court to decide the suit expeditiously before Christmas 2011 without prejudice to the injunction conditions and clarified it expressed no opinion on merits.
What did the court decide?
The order of temporary injunction granting to the plaintiff on 11.2.2011 is made absolute pending disposal of the suit.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 FAO.No. 40 of 2011() -------------------AGAINST THE ORDER DATED 09/11/2010 IN IA.8697/2010 IN OS.1045/2010 of I ADDL.SUB COURT, THRISSUR ....................
PETITIONER -----------------------------SANDEEP, S/O.KRISHNAN NAIR, SREE KRISHNA VEEDU, MALESHAMANGALA, THIRUVILAMALA VILLAGE, TALAPALLY TALUK, TRICHUR DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN
RESPONDENT(S): --------------SURESH, S/O.KRISHNA MURTHY, PARVATHI NILAYAM, THIRUVILAMALA DESOM AND VILLAGE, TALAPALLY TALUK, TRICHUR DISTRICT.
ADV. SREELAL WARRIER
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ.
F.A.O.No.40 OF 2011 -----------------------------------Dated this the 16th day of June, 2011
JUDGMENT
Thottathil B.Radhakrishnan,J.
Issues for consideration
3 issues framed by the court
Whether the appeal against the order granting/temporary injunction should be maintained given the court has already made the injunction absolute pending disposal of the suit?
Whether the plaintiff has justifiable cause for a conditional order of temporary injunction pending disposal of the suit for specific performance?
How should the lower court be directed to dispose of the suit under the Specific Relief Act while respecting the temporary injunction conditions?
Parties & counsel
- appellant
Sandeepp
- respondent
Suresh
Coram
Thottathil B.Radhakrishnan
Case details
As recorded by the court registry
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