SUKUMARAN Vs. RADHA

JUDGEMENT

(1.) The District Judge, Kozhikode allowed the CM.A. No. 111/90 against the order of the Munsiff, Kozhikode-II, whereby the latter had dismissed LA. No. 6135/90 for injunction made by the plaintiff. The result is that while the Munsiff dismissed the application for interim 'injunction, the District Judge, in appeal, granted it. The defendants impugn the validity of the order of the learned District Judge, Kozhikode in CM. A 111/90.

(2.) In suit No. 207/84 the defendants secured a decree for partition. The decree was made by the Subordinate Judge, Kozhikode. The plaintiff was not a party to O.S. No. 207/84 filed by the defendants. She therefore made LA. No. 916/84for joining herself as a defendant. This application was dismissed by the Munsiff. She filed CR.P. No. 1887/1985. But before C.R.P. No. 1887/85 could be disposed off, O.S. No. 207/84 was decreed.

(3.) The facts which should be noted are these: The decree in O.S. No. 207/84, which is now being executed was passed by the Subordinate Judge, Kozhikode. The injunction to prevent the execution of this decree in the court of the Subordinate Judge was refused by the Munsiff in whose court O.S. No. 840/90 was filed. But the injunction was granted in appeal by the Dist. Judge. The Munsiff who is trying O.S. No. 840/90 is subordinate to the Subordinate Judge, Kozhikode. The execution of the decree in O.S. No. 207/84 is being prosecuted in the court of the Subordinate Judge, Kozhikode. This execution is sought to be prevented by the injunction prayed for in the said suit.