Kerala High Court
Stephen Joseph vs Jiji P. Ulahannan on 12 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(C) NO. 949 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CMA NO.11 OF 2024 OF
ASSISTANT SESSIONS COURT/SUB COURT/ COMMERCIAL COURT,
MUVATTUPUZHA ARISING OUT OF THE ORDER/JUDGMENT DATED
04.03.2024 IN OS NO.267 OF 2023 OF MUNSIFF COURT,MUVATTUPUZHA
PETITIONERS/APPLICANTS/PLAINTIFFS:
1 STEPHEN JOSEPH
AGED 54 YEARS, S/O. M.A. JOSEPH,
RESIDING AT EDEN MAMALATAZHATH HOUSE,
MOTHER THERESA LANE, NEAR GOVT. GIRLS HIGH SCHOOL,
NADAMA DESOM, NADAMA VILLAGE,
KANAYANNOOR TALUK , ERNAKULAM, PIN - 682301
2 JOBY T.G.
AGED 48 YEARS, S/O. GEORGE,
KEEZHTHARAYIL HOUSE, PALAKKAMATTOM KARA,
AYKKARANADU SOUTH VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682311
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
RITHIK S.ANAND
ANU PAUL
SREELAKSHMI MENON P.
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 JIJI P. ULAHANNAN
S/O. ULAHANNAN, RESIDING AT PUTHOTTIL HOUSE,
KADAMATTOM KARA, AYKKARANADU NORTH VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682311
2 ABDUL LATHEED K.A
AGED 33 YEARS, S/O. ABDUL KAREEM K.B.,
RESIDING AT KEETHADATHIL HOUSE,
MULAVOOR KARA, MULAVOOR VILLAGE,
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686673
O.P.(C) No. 949/2024
..2..
3 SARAMMA
AGED 65 YEARS, W/O. ALIYAS,
RESIDING AT KOCHERIL HOUSE,
OORAMANA KARA, MEMURI VILLAGE,
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686673
4 NIVYA PAUL
AGED 38 YEARS, W/O.PAUL,
RESIDING AT ANIKKASSERIYIL HOUSE,
KADAMATTOM KARA, VADAVUKODEE VILLAGE,
KUNNATHUNADU TALUK , ERNAKULAM, PIN - 682311
5 ELSA ABY
AGED 35 YEARS, W/O. ABY,
RESIDING AT ANIKKASSERIYIL HOUSE,
KADAMATTOM KARA, VADAVUKODE VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682311
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 949/2024
..3..
JUDGMENT
The limited prayer in this original petition is to give a direction to the Sub Court, Muvattupuzha to dispose of Ext.P4 I.A.No.1/2024 in CMA No.11/2024 at the earliest and to keep in abeyance the operation of Ext.P2 order till then.
2. The petitioners are the plaintiffs and the respondents are the defendants in O.S.No.267/2023. The suit was one for permanent prohibitory injunction. Along with the suit, the petitioners filed an application for interim injunction. Initially, ad-interim injunction was granted. However, after hearing both sides, the injunction application was dismissed vacating the ad- interim injunction order as per Ext.P2. Challenging Ext.P2, the petitioners preferred CMA No.11/2024 at the Sub Court, Muvattupuzha. Ext.P4 application was also moved to stay the operation of Ext.P2. It is submitted that since the respondents filed Caveat, Ext.P4 now stands posted to 06/05/2024.
3. Having heard the learned counsel for the petitioners, the Sub Court, Muvattupuzha is directed to dispose of Ext.P4 as early as possible, O.P.(C) No. 949/2024 ..4..
after hearing both sides, in accordance with law. Till then, the operation of Ext.P2 order shall be kept in abeyance.
The original petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE APA O.P.(C) No. 949/2024 ..5..
APPENDIX OF OP(C) 949/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S NO. 267/2023 SUBMITTED BY THE PETITIONERS BEFORE THE MUNSIFF COURT MUVATTUPUZHA DATED 07.09.2023 EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 04-03-2024 IN I.A NO. 2/2023 IN O.S NO. 267/2023 ON THE FILES OF MUNSIFF COURT, MUVATTUPUZHA EXHIBIT P3 THE TRUE COPY OF THE CMA 11/2024 APPEAL MEMORANDUM DATED 19-03-2024 SUBMITTED BY THE PETITIONERS BEFORE THE SUB COURT, MUTTUPUZHA EXHIBIT P4 THE TRUE COPY OF APPLICATION NO. 1/2024 IN CMA 11/2024 ON THE FILES OF SUB COURT, MUVATTUPUZHA DATED 19-03-2024