SUDHEERKUMAR Vs. PRAVEENA

JUDGEMENT

(1.) An order granting temporary injunction is interlocutory in nature. Appeal against an order of temporary injunction passed by a Family Court is not maintainable. This is the dictum laid down by a Division Bench of this Court consisting one of us (Justice C.K.Abdul Rehim) in  Manga Lakshmi Vs. Basanth Kumar (2016 (3) KHC 111 : 2016(2) KLT 776). But, this appeal is filed ignoring the aforesaid declaration of law made by this Court in Manga Lakshmi (supra).

(2.) The appellant is the husband of the respondent. Their marriage was solemnised on 06.10.2005. The appellant filed O.P.No.1222 of 2017 against the respondent in the Family Court, Thrissur for granting a decree for cancellation of the settlement deed No.4048/2012 which was executed by him in favour of the respondent in respect of the petition schedule property. His plea in the original petition is that the settlement deed executed by him is a sham document and that the respondent has not acquired any right over the petition schedule property by virtue of that document.

(3.) The case O.P.No.1222/2017 was subsequently transferred to the Family Court, Palakkad and numbered as O.P.No.264 of 2018. Thereafter, the respondent filed an application as I.A.No.498/2018 for granting an order of temporary injunction against the appellant restraining him from entering into the petition schedule property or altering its nature or committing any waste therein and also making any construction therein. She also prayed for an order of temporary injunction restraining the respondent from causing any obstruction to her to enter into the petition schedule property and taking yield from the trees in the property. She alleged that when she went to the property on 06.04.2018 to take the yield from the coconut trees, the appellant obstructed her from entering into the property.