Sangeeth vs Johnson Yohannan
2022 Latest Caselaw 10255 Ker

OP(C) NO. 1715 OF 2022(FILING NO.)

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        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022/24TH BHADRA, 1944
              OP(C) NO. 1715 OF 2022(FILING NO.)
PETITIONER/S:

            SANGEETH
            AGED 41 YEARS, S/O SADANANDAN,
            VIJAYA SADANAM, EDAYAM P.O., ARACKAL VILLAGE,
            PUNALUR, KOLLAM, PIN - 691532

            BY ADV SYAM J SAM



RESPONDENT/S:

            JOHNSON YOHANNAN
            AGED 58 YEARS, S/O.YOHANNAN,
            JOHNSON VILLA, CHIRAKKONATHU VEEDU, PARUTHIYARA,
            ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM, PIN -
            691504


     THIS    OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
15.09.2022,    THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1715 OF 2022(FILING NO.)

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                     JUDGMENT

The original petition is filed challenging the

common order passed by the Court of the Subordinate

Judge, Kottarakara in I.A.Nos.1/2022 and 2/2022 in

O.S.No.1/2022 (Ext.P2).

2. On a reading of the above order, it is seen that

the petitioner had sought for simultaneous orders of

temporary injunction and attachment before

judgment.

3. The court below, by the impugned Ext.P2

order, has declined both the reliefs under Order

XXXIX Rule 1 and Order XXXVIII Rule 6 of the Code of

Civil Procedure (in short, "Code").

4. The orders passed under the above two

provisions are appealable under Order XLIII Rule 1(r)

and Order XLIII Rule 1(q), respectively, of the Code. OP(C) NO. 1715 OF 2022(FILING NO.)

In the above legal background, the objection of

the Registry is sustained and the original petition is

dismissed, without prejudice to the right of the

petitioner to work out his remedies in accordance

with law.

Sd/-

C.S.DIAS, JUDGE rkc/15.09.2022 OP(C) NO. 1715 OF 2022(FILING NO.)

APPENDIX OF OP(C) 1715/2022(Filing No.)

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE AGREEMENT DATED 28-01-

Exhibit P2 A TRUE COPY OF THE ORDER PASSED IN IA 01/2022 AND IA 02/2022 IN O.S. 01/2022 BY THE COURT OF SUBORDINATE JUDGE, KOTTARAKARA