LAWS(KER)-2012-7-361

S MAGESH Vs. M SAIFUDEEN

Decided On July 26, 2012
S MAGESH Appellant
V/S
M SAIFUDEEN Respondents

JUDGEMENT

(1.) THE plaintiff has initiated proceedings against the defendant under Order XXXIX Rule 2 A of the Code of Civil Procedure for alleged violation of the order of status quo. The Advocate Commissioner deputed in the suit has reported that the workers of the petitioner herein have been inducted in the premises in violation of the order of status quo. It is under the circumstances has the plaintiff sought impleadment of the petitioner as an additional respondent in the application for violation of the order of status quo.

(2.) IT is trite law that an application for violation of injunction or decree has to be disposed of separately and are independent proceedings. The court below cannot be faulted with in impleading the petitioner as an additional respondent in the application for violation of the order of status quo. Added to this is the fact that steps have been taken to implead the petitioner as an additional defendant in the suit also.