Respondent filed O.S.No.273 of 2008 in the Munsiff's Court, Chalakkudy for a decree for prohibitory injunction to restrain petitioner from conducting quarrying operation without obtaining the statutory licenses. There was an interim order of injunction granted by the trial court against petitioner running the quarry without all licenses. According to the petitioner, he obtained all licenses and filed affidavit in the trial court on 22.03.2011 stating that he has complied with all the directions and is conducting the quarry in a lawful manner. Trial court after taking evidence decided the suit against petitioner and granted a decree for prohibitory injunction against him. Petitioner challenged that judgment and decree in the Additional Sub Court, Irinjalakkuda in A.S.No.212 of 2011. Petitioner filed I.A.No.6044 of 2011 seeking stay of operation of the judgment and decree of the trial court (that application is seen filed under Order XXXIX Rule 1 of the Code of Civil Procedure). Learned Additional Sub Judge by Ext.P13 order dated 21.12.2011 has refused to grant stay and dismissed that application. Ext.P13, order is under challenge in this petition filed by the petitioner/defendant.
