KAYAKKAL MOHANLAL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner filed O.S.No.395 of 2010 on the file of the Court of the Munsiff of Taliparamba against the respondents for a permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and taking possession of the same or assigning the same or making any obstruction to the plaintiff in possessing and enjoying the plaint schedule property. It is stated in the plaint that the possession of the plaintiff is sought to be disturbed as if the property is a part of the property directed to be taken possession of in the proceedings of the Taluk Land Board as excess land. THE case of the plaintiff is that neither the plaintiff nor his assignor was a party to the proceedings before the Taluk Land Board and that the plaintiff is not bound by the order passed by the Taluk Land Board. THE plaintiff has also raised a contention that the property of the declarant is lying elsewhere and it is situated in a survey number having vast extent of property.

(2.) ALONG with the suit, I.A.No.2479 of 2010 was filed by the petitioner for a temporary injunction. The grievance of the petitioner is that I.A.No.2479 of 2010 is not disposed of by the court below. No ad interim order was granted and therefore, the petitioner is aggrieved by the non-disposal of the application for temporary injunction.