LAWS(KER)-2018-2-863

JIHAD AND OTHERS Vs. BEERAN AND OTHERS

Decided On February 07, 2018
Jihad And Others Appellant
V/S
Beeran And Others Respondents

JUDGEMENT

(1.) The main prayer in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India is as follows :

(2.) Heard Smt.K.Nandini, learned counsel appearing for the petitioners/ defendants and Smt.S.Nirmal, learned counsel appearing for the respondents/plaintiffs.

(3.) The respondents/plaintiffs had secured Exhibit-P2 temporary injunction order dated 15.12.2016 passed by the trial court concerned (Additional Munsiff Court-II, Kozhikode) on I.A.No.4552 of 2016 in O.S.No.764 of 2016. Aggrieved thereby the petitioners/defendants had filed C.M.A.No.1 of 2017 before the court of the District Judge, Kozhikode, to impugn Exhibit-P2 temporary injunction order. The lower appellate court, as per the impugned Exhibit-P3 judgment rendered on 25.2.2017 has dismissed the said Civil Miscellaneous Appeal, C.M.A.No.1 of 2017 thereby confirming the correctness of Exhibit-P2 temporary injunction order. It is this order at Exhibit-P3 which is under challenge in this Original Petition (Civil).