DEVASIA CHACKO Vs. VENKITA KRISHNA IYER

JUDGEMENT

(1.) 2nd defendant in O. S. 211/90 on the file of Court of principal Subordinate Judge, Alappuzha is the appellant. Suit was filed for a declaration that the decree in O. S. No. 81/78 on the file of Sub Court, alappuzha is not binding on the plaintiff and that he has become the absolute owner of plaint schedule property, and for an injunction restraining the defendant from taking further proceedings in execution of the aforesaid decree. In the alternative, he prayed for a decree directing the defendant to specifically perform the agreement of sale dated 26-3-1974 executed by 1st defendant in favour of plaintiff.

(2.) THE plaintiff also filed I. A. No. 1602 of 1990 under o. XXXIX Rules 1 and 2 and S. 151 CPC seeking a temporary injunction restraining the 2nd defendant from taking further proceedings in execution of the decree in o. S. 81/78 of Sub Court,alappuzha and taking possession of the plaint schedule property till disposal of the suit.

(3.) THE trial court passed an order of temporary injunction, allowing the relief claimed by the plaintiff. Aggrieved by the said order, 2nd defendant has filed this appeal.