LAWS(SC)-1975-10-49

KERALA ELECTRICITY BOARD Vs. N CHELLAPPAN

Decided On October 27, 1975
Kerala Electricity Board Appellant
V/S
N Chellappan Respondents

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the Kerala High court, affirming on appeal the order of the executing Court, by which, a temporary injunction was granted in original execution application against the appellant Board, restraining it from the use of certain machinery and tools.

(2.) We have heard Mr. Patel on behalf of the appellant and find that both the executing court as well as the High court have taken into consideration all the relevant circumstances and have thought it fit that a temporary injunction prayed for by the respondent be granted during the pendency of the execution application. We find no sufficient ground to interfere with the grant of temporary injunction in an appeal by special leave. The appeal consequently fails and is dismissed but in the circumstances with no order as to costs.