AJITHA JAYAKUMAR Vs. ABRAHAM

JUDGEMENT

(1.) Plaintiff/petitioner in I.A.No.639 of 2004 in O.S.No.126 of 1995 on the files of the Sub Court, Pathanamthitta, has filed this appeal under Sec. 104 read with Order XLIII Rule 1(r) of the Code of Civil Procedure ('CPC' for short hereafter), challenging order in the above petition dtd. 31/1/2004, whereby the learned Sub Judge dismissed the same filed under Order XXXIX Rule 2A of CPC, after finding that the interim order of injunction restraining the respondents from executing any documents in respect of plaint schedule property and building, making any structural alterations or from inducting strangers into possession as per order in I.A.No.311/1995 granted by the vacation court (I.A.No.389/1995 on the files of Sub Court) had been violated by the respondents by executing Exts.A6 to A8 sale deeds.

(2.) Heard the learned counsel for the appellant/petitioner/plaintiff and the learned counsel for the respondents/respondents/defendants.

(3.) In this matter, the allegation is that Exts.A6 to A8 sale deeds were executed by defendants 1 and 2 in violation of the interim order of injunction. On evidence, violation of order of injunction is rightly found by the trial court and the same is not challenged at all.