ABDUL SHAJAR Vs. ABDUL SALAM

JUDGEMENT

(1.) EXT.P11 order dated 21st May, 2011 passed by the II Additional District Court, Thiruvananthapuram, (Vacation Court) in O.S.No.198 of 2011 is under challenge in this Original Petition. The Vacation Court granted an ad interim order of injunction in favour of the respondent. The petitioner had filed a Caveat before the Vacation Court. However, notice was not issued to the petitioner and without hearing him, an ad interim order of injunction was granted by the Vacation Court against the petitioner. The petitioner filed a Review Petition to review the order of ad interim injunction granted by the Vacation Court. By EXT.P11 order, the Vacation Court found that notice was not given to the petitioner/caveator and therefore, the order passed by the Vacation Court required to be reviewed. Accordingly, the Review Petition was allowed and injunction petition was considered on the merits. The Vacation Judge passed the following order: 1. I.A.1277/2011 is allowed and order passed in I.A.1187/2011 on 16.5.2011 is reviewed.

(2.) IN I.A.1187/2011, both the parties are directed to maintain status quo as reported by the Commissioner in respect of the petition schedule premises till 10.6.2011.