V.Renuka vs Anilkumar
2022 Latest Caselaw 7796 Ker

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                               PRESENT
                             THE HONOURABLE MRS. JUSTICE M.R.ANITHA

                        Tuesday, the 28th day of June 2022 / 7th Ashadha, 1944
                                  IA.NO.1/2022 IN RSA NO. 378 OF 2022
                  OS 114/2002 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM

                AS 7/2020 OF VII ADDITIONAL DISTRICT COURT,THIRUVANANTHAPURAM

PETITIONER/APPELLANT/RESPONDENT/PLAINTIFF:

       V.RENUKA, AGED 55 YEARS,KANDATHIL VEEDU,PRAKKULAM P.O.,KOLLAM,PIN-691 602.

RESPONDENT/RESPONDENT/APPELLANT/FIRST DEFENDANT:

       ANILKUMAR,S/O.THE LATE SURENDRAN,AGED 60 YEARS,PUTHUVALIL VEEDU,TC 2/1755,NEAR
       THEKKUMMODU BRIDGE,KUNNUKUZHY P.O.,THIRUVANANTHAPURAM,PIN-695 037.

       Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to issue an interim injunction restraining the respondent herein from alienating and
inducting strangers into the plaint scheduled properties particularly described in the schedule
attached herewith,pending disposal this Regular Second Appeal.
       This Application coming on for orders upon perusing the application and the affidavit filed in
support thereof, and upon hearing the arguments of SRI.J.HARIKUMAR, Advocate for the petitioner,
the court passed the following:
                          M.R.ANITHA, J.
            -----------------------------------------------
                       R.S.A. No.378 of 2022
            -----------------------------------------------
              Dated this the 28th day of June, 2022

                               ORDER

Admit.

Issue notice to the respondents.

Substantial question of law is formulated as follows:

(i) Has not the First Appellate Court gone wrong in framing issues and entering into findings beyond the scope of the directions of this Honourable Court in the judgment in FAO No.195/2011 which has become final?

(ii) Whether the finding of the first appellate court that Exhibit A1 Will is not proved is correct?

(iii) Whether the judgment and decree passed by the first appellate court is perverse due to misappreciation of evidence?

R.S.A. No.378 OF 2021

I.A. No.1 of 2022

Issue notice to the respondents.

This is an application filed for interim injunction. Heard.

Perused the affidavit and judgment passed by the lower court and

I am satisfied that petitioners have got a prima facie case and

likelihood of irreparable injury. Hence, there will be an interim

injunction as prayed for a period of three months.

Petitioners to comply the Order 39 Rule 3(a).

Sd/-

M.R.ANITHA JUDGE SMF

28-06-2022 /True Copy/ Assistant Registrar