Nagarajan vs T.P. Sabu on 20 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29096 of 2005(L)


1. NAGARAJAN, AGED 39,
                      ...  Petitioner
2. ABDUL REHMAN, AGED 54,

                        Vs



1. T.P. SABU, AGED 38 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.S.SACHITHANANDA PAI

                For Respondent  :SRI.A.T.ANILKUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :20/06/2007

 O R D E R
                           PIUS C. KURIAKOSE, J.

                      ----------------------------------

                       W.P.(C) NO. 29096 of 2005

                      ----------------------------------

              Dated this the 20th   day of   June  2007


                                   JUDGMENT

Heard both sides. It is obvious that Ext.P5 order has been

passed by the learned Subordinate Judge assuming that the suit

is one for declaration of title. The suit, both sides conceded

before me is one for injunction only. Since Ext.P5 is issued on a

wrong assumption, I set aside Ext.P5 and direct the Subordinate

Judge to take a fresh decision on I.A. No.112/2004 after hearing

both sides. Decision as directed above will be taken at the

earliest and at any rate within one month of receiving a copy of

this judgment.

PIUS C. KURIAKOSE,

JUDGE.

dpk