T.V.Giri vs Vasantha
2022 Latest Caselaw 10752 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MRS. JUSTICE M.R.ANITHA
          Friday, the 21st day of October 2022 / 29th Aswina, 1944
                    IA.NO.1/2022 IN RSA NO. 177 OF 2021
         OS 889/2004 OF PRINCIPAL MUNSIFF COURT ,THIRUVANANTHAPURAM
      AS 428/2005 OF II ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM
PETITIONER/APPELLANT:

  1. T.V.GIRI, AGED 47 YEARS, S/O. LATE THANKAPPAN ACHARY, RESIDING AT
     T.C 30/876, KARAMANA, THIRUVANANTHAPURAM.

RESPONDENT/RESPONDENT:

  1. VASANTHA,AGED 72 YEARS,W/O.LATE THANKAPPAN ACHARY (WRONGLY SHOWN AS
     THANKAPPAN IN THE FIRST APPELLATE JUDGMENT),RESIDING AT GIRI
     BHAVAN,KARAMANA,THIRUVANANTHAPURAM.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to issue an order of
temporary injunction restraining the respondent and her men from
destroying or dismantling the building and committing waste in the plaint
schedule property and the residential building situated therein, till the
disposal of this second appeal.
     This Application coming on for orders on this day upon perusing the
application and the affidavit filed in support thereof and upon hearing
the arguments of SRI.M.R.RAJESH, Advocate for the petitioner, the court
passed the following:
                                          M.R.ANITHA, J
                                         ******************
                                       I.A.No.01 of 2022
                                                  in
                                    R.S.A.No.177 of 2021
                      ----------------------------------------------------------
                       Dated this the 21st day of October, 2022


                                               ORDER

Petition filed for interim injunction against restraining the

respondent and her men from destroying and dismantling building and

committing waste in the plaint schedule property and the residential

building situated.

2. Heard learned counsel for the petitioner. There is no

appearance for the respondent.

3. Perused the affidavit in support of the petition as well as

the judgments passed by the courts below. I am satisfied that the

petitioner has got a prima facie case and likelihood of irreparable

injury. Hence there will be an interim injunction against committing

waste in the plaint schedule property.

Petitioner to comply Order 39 Rule 3A and issue notice by special

messenger to the respondent in R.S.A also.

                                          (sd/-)         M.R.ANITHA, JUDGE

       jsr




21-10-2022                       /True Copy/                                        Assistant Registrar