Kallyani Kuttiyil … vs Sankaran Ayyappan on 19 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 38016 of 2007(A)


1. KALLYANI KUTTIYIL VADAKKEPURAYIDOM,
                      ...  Petitioner
2. SINDHU, D/O. KALLYANI,

                        Vs



1. SANKARAN AYYAPPAN,
                       ...       Respondent

                For Petitioner  :SRI.PHM.BASHEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :19/12/2007

 O R D E R
                           M.N.KRISHNAN, J

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

                           W.P.(C).38016/2007

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

             Dated this  the  19th day of December, 2007


                                JUDGMENT

This writ petition is preferred against the order of the

Munsiff, Pathanamthitta in I.A.2721/2007 in O.S.481/2007.

By the said order, the Munsiff has granted an order of

injunction against the present writ petitioners. The two

remedies available for the person against whom the order of

injunction is passed is firstly to approach the Court which

passed the order and request for hearing the petition or

request the Court to vary the order under Order 39 Rule 40

of CPC. Another remedy is to file an appeal before the

appropriate forum. The Court below which passed the order

had applied its mind and granted the order of interim

injunction. This Court exercising the jurisdiction under

Article 227 of the Constitution of India cannot interfere with

that order unless it is found that it is totally against law

without jurisdiction or it has amounted to injustice which

cannot be regular. Nothing of this type exists in this case

and therefore, I decline jurisdiction and dismiss the writ

petition.

M.N.KRISHNAN,

Judge

mrcs