Allowed
M. Varkey v. Thulasi Chandran
Kerala HCOP(C)/3967/2012
Case brief
AI extract
What is this about?
The Kerala High Court held that allegations of fraud and a bogus plaintiff in an injunction suit affecting eviction are not suitable for a temporary injunction application. The court empowered the petitioner to raise these points in a Civil Miscellaneous Appeal before the District Judge, where personal appearance can be insisted upon.
What did the court decide?
The petitioner is directed to file a Civil Miscellaneous Appeal under Order XLIII Rule 1 CPC to challenge the impugned order on grounds of fraud and the plaintiff's identity.