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Kerala High Court
Sadique Ali Khan vs Milad-E-Sherief Memorial Trust on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G. GIRISH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
OP(C) NO. 1076 OF 2024
AGAINST THE ORDER DATED 10.05.2024 IN CMP NO.174 OF 2024 OF
DISTRICT COURT & SESSIONS COURT, KOLLAM
PETITIONERS/DEFENDANTS IN O.S./RESPONDENTS IN I.A.& CMP:
1 SADIQUE ALI KHAN
AGED 72 YEARS, S/O KHAN SAHIB, SHAHIDA MANZIL,
CHARUMOODU, KAYAMKULAM, PIN - 690 505
2 SHAIK P. HARRIZ
AGED 58 YEARS, S/O LATE P.A. HARRIZ,
PUTHENPURAYIL, KAYAMKULAM, PIN - 690 502
3 P.S. SULPHIKAR
AGED 56 YEARS, S/O A.S. HAMEED, PUTHENPURAYIL,
KAYAMKULAM, PIN - 690 502
4 HUMAYOON KABEER
AGED 60 YEARS, S/O LATE T.A. MUHAMMEDKUNJU,
THEEPPURAYIL VEEDU, MADATHIL KARANMA, OACHIRA,
KOLLAM, PIN - 690 526
5 ZAKHEER HUSSAIN
AGED 55 YEARS S/O KASIMKUTTY, TADATHIL VEEDU,
THIRUMULLAVARAM, KOLLAM., PIN - 691 012
6 SIRAJUDEEN
AGED 68 YEARS, RESIDING AT AARIFA MANZIL,
KANNAMPALLY BHAGOM, KAYAMKULAM., PIN - 690 502
7 ISMAIL HAJI
AGED 85 YEARS, RESIDING AT ROSE HOUSE, KANNIMEL
BHAGOM, VALLIKKUNNAM, KARUNAGAPALLY, PIN - 690 501
8 SHAIK AHAMMED
AGED 64 YEARS, S/O K.I. MUHAMMED, RESIDING AT D12,
NAYANAPRIYA, JAWAHAR NAGAR, THIRUVANANTHAPURAM.,
PIN - 695 003
9 ABDUL KHABAD KHAN
AGED 78 YEARS, T.C. 9/1052, KUZHIETHU LANE,
2
OP(C) No.1076 of 2024
SREEKARYAM, THIRUVANANTHAPURAM, PIN - 690 517
10 LAILA MUHAMMED
AGED 90 YEARS, W/O LATE K.I. MOHAMMED, EXECUTIVE
MEMBER, MILAD-E-SHERIEF MEMORIAL TRUST, RESIDING
AT D12, NAYANAPRIYA, JAWAHAR NAGAR,
THIRUVANANTHAPURAM, PIN - 695 003
11 M. MUHAMMED ALI
AGED 85 YEARS, EXECUTIVE COMMITTEE MEMBER,
MILAD-E-SHERIEF MEMORIAL TRUST, RESIDING AT
MAMPOZHILKATTIL KADAVU, KARUNAGAPALLY, KOLLAM,
PIN - 690 542
BY ADVS.
R.SUDARSANA DEVI
M.SHAHEED AHMAD
RESPONDENTS:
1 MILAD-E-SHERIEF MEMORIAL TRUST
REG. NO.A 5/64, KAYAMKULAM, ALAPPUZHA DISTRICT,
KERALA STATE, REP. BY ITS
A) PRESIDENT, ABEES P.SAIF, AGED 54, S/O P.A.
SAIF, RESIDING AT ARAFATH, R.C. CHURCH ROAD,
KAYAMKULAM,
B) MANAGER CUM SECRETARY, P.A. HILAL BABU, AGED 77
YRS, S/O LATE P.K. KUNJU SAHIB, RESIDING AT
PUTHENPURAYIL, KAYAMKULAM, PIN - 690 502
2 ABEES P. SAIF
PRESIDENT, MILAD-E-SHERIEF MEMORIAL TRUST,
S/O LATE P.A. SAIF, RESIDING AT ARAFATH, R.C.
CHURCH ROAD, KAYAMKULAM, PIN - 690 502
3 P.A. HILAL BABU
AGED 77 YEARS, MANAGER CUM SECRETARY,
MILAD-E-SHERIEF MEMORIAL TRUST, S/O LATE P.K.
KUNJU SAHIB, RESIDING AT PUTHENPURAYIL,
KAYAMKULAM, PIN - 690 502
4 DR. P.H. MOHAMMED ALI
VICE PRESIDENT, MILAD-E-SHERIEF MEMORIAL TRUST,
S/O V.A. HILAL BABU, PUTHENPURAYIL, KAYAMKULAM
REPRESENTED BY HIS FATHER AND ORALLY AUTHORIZED
AGENT, V.A. HILAL BABU, RESPONDENT NO.3
HEREINABOVE, PIN - 690 502
3
OP(C) No.1076 of 2024
5 DR. KESAVA MOHAN
AGED 70 YEARS, VICE PRESIDENT, MILAD-E-SHERIEF
MEMORIAL TRUST, S/O LATE R. KESHAVA KURUP,
RESIDING AT KAVUNGAL HOUSE, NEAR HOLY ANGEL'S HIGH
SCHOOL, ADOOR, PIN - 691 527
6 ANEES P. SAIF
AGED 56 YEARS, JOINT SECRETARY,
MILAD-E-SHERIEF MEMORIAL TRUST,
S/O LATE P.A.SAIF, RESIDING AT ARAFATH, R.C.
CHURCH ROAD, KAYAMKULAM, PIN - 690 502
7 KAMARUDEEN MUSALIYAR
AGED 82 YEARS, TREASURER,MILAD-E-SHERIEF MEMORIAL
TRUST, S/O LATE SUBERKUNJU MUSALIYAR, RESIDING AT
ASMA MANZIL, PADA SOUTH, KARUNAGAPALLY, KOLLAM,
PIN - 690 518
8 M.H. ABDUL RAHIM
AGED 56 YEARS, EXECUTIVE MEMBER, MILAD-E-SHERIEF
MEMORIAL TRUST, AGED 56, S/O LATE MUHAMMED
HANEEFA, PUTHENPURAYIL, KAYAMKULAMREPRESENTED BY
HIS WIFE AND ORALLY AUTHORIZED AGENT, JAMEELA
ABDUL RAHIM, AGED 47, W/O M.H. ABDUL RAHIM,
PUTHENPURAYIL, KAYAMKULAM, PIN - 690 502
9 I. ISMAIL KUTTY
AGED 77 YEARS, EXECUTIVE MEMBER, MILAD-E-SHERIEF
MEMORIAL TRUST, S/O LATE M. IYDROSKUNJU, ABHARNA
MAHAL, KAYAMKULAM, PIN - 690 502
10 M.N. SHAHUL HAMEED
AGED 68 YEARS, EXECUTIVE MEMBER, MILAD-E-SHERIEF
MEMORIAL TRUST, S/O A.M. NOOHU, RESIDING AT
TAGAHAM, AHMAD NAGAR, VELLADICHIVILAI, KOTTAR,
NAGARKOVIL, TAMIL NADU, PIN - 629 052
11 SREE RANJAN
AGED 63 YEARS, EXECUTIVE MEMBER, MILAD-E-SHERIEF
MEMORIAL TRUST, S/O K. NARAYANAN, RESIDING AT
PATTASERIL ROYAL BHAVANAM, MURUKKUMMOODU,
CHERAVALLI, KAYAMKULAM, PIN - 690 502
12 MUHAMMED FAIZA
EXECUTIVE MEMBER, MILAD-E-SHERIEF MEMORIAL TRUST,
S/O LATE ALI AKBAR, RESIDING AT THAYYIL
VADAKKATHIL, KAYAMKULAM, PIN - 690 502
4
OP(C) No.1076 of 2024
13 I. SALIM
AGED 67 YEARS, EXECUTIVE MEMBER, MILAD-E-SHERIEF
MEMORIAL TRUST, S/O ISMAILKUNJU, RESIDING AT SALIM
MANZIL, VADAKKEVILA P.O., KOLLAM, PIN - 691 010
14 NARAYANAN POTTI
AGED 65 YEARS, EXECUTIVE MEMBER, MILAD-E-SHERIEF
MEMORIAL TRUST, S/O LATE NEELAKANDAN POTTI,
RESIDING AT SREEVALSOM, KAPPIL EAST, KRISHNAPURAM,
KAYAMKULAM, PIN - 690 533
15 A. SHIJI
AGED 42 YEARS, EXECUTIVE MEMBER, MILAD-E-SHERIEF
MEMORIAL TRUST, AKBARKUTTY, RESIDING AT
KOCHUKOTTAKAKATHU THARAYIL, NORTH OF FIRE STATION,
KAYAMKULAM, PIN - 690 502
16 NAVASUDEEN MUSALIYAR
EXECUTIVE MEMBER, MILAD-E-SHERIEF MEMORIAL TRUST,
S/O LATE KAMARUDEEN MUSALIYAR,
RESIDING AT ASMA MANZIL, PADA NORTH,
KARUNAGAPPALLY, KOLLAM., PIN - 690 518
17 RIYAS AHAMMED
AGED 56 YEARS, EXECUTIVE MEMBER, MILAD-E-SHERIEF
MEMORIAL TRUST, S/O LATE ABDUL KALAM, RESIDING AT
SHANGRI-1A, TRA-124-4, THEKKUMOOD, VANCHIYOOR PO,
THIRUVANANTHAPURAM, PIN - 695 305
18 N. SIVADASAN
AGED 56 YEARS, EX-MUNICIPAL CHAIRMAN, EXECUTIVE
MEMBER, MILAD-E- SHERIEF MEMORIAL TRUST, S/O V.
NARAYANAN, RESIDING AT "DIYA", CHERAVALLIL,
KAYAMKULAM, PIN - 690 502
19 AZEEZUR RAHMAN
AGED 54 YEARS, EXECUTIVE MEMBER,
MILAD-E-SHERIEF MEMORIAL TRUST, S/O LATE ABDUL
WADOOD, RESIDING AT NO.9, WEST NEW STREET
NAGARCOIL, TAMIL NADU, PIN - 629 002
BY ADVS.
K.S.HARIHARAPUTHRAN
PINKU MARIAM JOSE(K/749/2015)
K.M.FATHIMA(K/003174/2022)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
5
OP(C) No.1076 of 2024
G. GIRISH, J.
--------------------------------------
OP(C) No.1076 of 2024
------------------------------------------------
Dated this the 23rd day of May, 2024
JUDGMENT
The petitioners are defendants 1 to 11 in CMP No.174 of 2024 on the files of the District Court, Alappuzha, which was exercising the jurisdiction of vacation court in respect of the matters of Munsiff's Court, Kayamkulam. They have filed this original petition under Article 227 of the Constitution of India challenging Ext.P9 ex-parte interim injunction order passed by the learned vacation Judge on 10.05.2024.
2. It is stated that since the vacation court, Alappuzha has become functus officio from 17.05.2024 onwards, the petitioners are not in a position to get a certified copy of the impugned order. It is further stated that the files relating to the said case are in transit stage from the vacation court, Alappuzha to the Munsiff's Court, Kayamkulam. According to the petitioners, the procedure for forwarding the files and numbering of the suit at Munsiff's Court, Kayamkulam will take time and hence they are not in a position to move the regular court, or to file an appeal under Order 43 Rule 1 of the Code of Civil Procedure before the Appellate Court. It is upon the above 6 OP(C) No.1076 of 2024 premises that the petitioners have resorted to Article 227 of the Constitution of India and approached this Court with prayers to set aside Ext.P9 order and to direct expeditious transmission of the files to the Munsiff's Court, Kayamkulam, so that it could be disposed of on an early date.
3. As regards the urgency in moving this petition, it is stated that the admission and other activities of a Higher Secondary School are likely to be disrupted due to the impugned order passed by the learned vacation Judge.
4. To the query put by this Court about the present stage of the case, it is submitted by the learned counsel representing both sides that the case has been numbered at the Munsiff's Court, Kayamkulam and a posting date is yet to be given.
Having regard to the nature of the reliefs sought for in this petition, I deem it appropriate to issue the following directions to the Munsiff's Court, Kayamkulam, so that there could be an early disposal of the injunction matter in the suit which is now transmitted to the said court from the vacation court, Alappuzha:-
i) The learned Munsiff shall ensure that after complying with the required formalities relating to 7 OP(C) No.1076 of 2024 the receipt of the records and numbering of the suit, the said case shall be posted to 27.05.2024 for considering the interim application, in which the ex-parte injunction order has been granted by the vacation court.
ii) Since it is submitted by the learned counsel for the petitioners that he is representing all the petitioners, who are the defendants in the suit, there is no need for the Trial Court to embark on the process of issuing notice to the respondents/defendants.
iii) The learned Munsiff shall make every endeavour to dispose of the interim application for temporary injunction as expeditiously as possible, at any rate, within a period of ten days from the date of receipt of a copy of this judgment, taking into account of the fact that the grievance of the petitioners is about the possible disruption of the daily activities and functioning of a Higher Secondary School.
iv) It is made clear that the direction in the above regard is subject to the filing of counter by the 8 OP(C) No.1076 of 2024 petitioners (respondents/defendants in the suit) before the Trial Court on or before 27.05.2024.
v) It is also made clear that this Court has not expressed any opinion on the merits of the rival claims raised by the parties.
The original petition is disposed of as above.
Sd/-
G. GIRISH, JUDGE ded 9 OP(C) No.1076 of 2024 APPENDIX OF OP(C) 1076/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NIYAMAVALI OF THE MILADI-E-SHERIEF MEMORIAL TRUST Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 11.02.2024 Exhibit P3 TRUE COPY OF THE NOTICE DATED 12.02.2024 Exhibit P4 TRUE COPY OF THE MINUTES OF THE MEETING OF THE EXECUTIVE COMMITTEE ON 16.02.2024 Exhibit P5 TRUE COPY OF THE APPLICATION FOR THE CHANGE OF MANAGEMENT WITH THE APPROVAL ENDORSED THEREON DATED 16.02.2024 Exhibit P6 TRUE COPY OF THE PETITION DATED 04.04.2024 Exhibit P7 TRUE COPY OF THE PLAINT DATED 08.05.2024 IN UNNUMBERED O.S. OF 2024 ON THE FILE OF THE DISTRICT COURT (VACATION COURT), ALAPPUZHA Exhibit P8 TRUE COPY OF THE I.A. NO.3 OF 2024 IN C.M.P. NO.174 OF 2024 IN THE UNNUMBERED O.S. FILED BEFORE THE VACATION COURT, ALAPPUZHA (DISTRICT COURT ALAPPUZHA EXERCISING THE JURISDICTION OF THE MUNSIFF COURT, KAYAMKULAM) Exhibit P9 TRUE COPY OF THE SERVED COPY OF THE ORDER OF INJUNCTION PASSED BY THE VACATION COURT, ALAPPUZHA (DISTRICT COURT ALAPPUZHA) DATED 10.05.2024 IN I.A. NO.3 OF 2024 IN C.M.P. NO.174 OF 2024