P.M. MATHEW Vs. JAINAMMA ABRAHAM

JUDGEMENT

(1.) Defendant in a suit for declaration and injunction, aggrieved by an order passed by the courts below, that he is liable to be prosecuted for violation of an order of temporary injunction, is before this Court.

(2.) Heard the learned counsel for the petitioner and the respondent.

(3.) Petitioner/defendant was restrained by a temporary injunction from encroaching into plaint B schedule property or causing any nuisance to the plaintiff/respondent in using plaint A and B schedule properties. Grievance of the respondent before the trial court was that despite service of notice on injunction petition and also the order of temporary injunction, the petitioner willfully obstructed the respondent's parking a car in plaint B schedule parking area. In order to prove the violation, commissions were taken out two times. Two applications were filed by the respondent against the petitioner alleging that the temporary injunction order was violated by the petitioner wantonly on 15-03-2002 and he had continuously violated the order of injunction. To prove that on 25-03-2002 also it was violated, another commission was taken out.