Kerala High Court
M.V. Mahamood vs Basheer V.A on 22 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:79235
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 30187 OF 2024
PETITIONERS:
1 M.V. MAHAMOOD
AGED 65 YEARS
S/O. P.V.IBRAHIM,
RESIDING AT HOUSE NO.54/118,
VILLA NO.4, STERLING ESTATE,
KUMARANASAN ROAD, KALOOR P.O.,
ERNAKULAM, PIN - 682017
2 RAMEESA MAHAMOOD
AGED 54 YEARS
W/O. M.V. MAHAMOOD,
RESIDING AT HOUSE NO.54/118,
VILLA NO.4, STERLING ESTATE,
KUMARANASAN ROAD, KALOOR P.O.,
ERNAKULAM, PIN - 682017
3 RAMEEZ MAHAMOOD
AGED 26 YEARS
S/O. M.V. MAHAMOOD,
RESIDING AT HOUSE NO.54/118,
VILLA NO.4, STERLING ESTATE,
KUMARANASAN ROAD, KALOOR P.O.,
ERNAKULAM, PIN - 682017
BY ADVS.
JOHNSON MANAYANI
JEEVAN MATHEW MANAYANI
WP(C)No. 30187 of 2024 2024:KER:79235
2
RESPONDENTS:
1 BASHEER V.A
S/O. LATE AHAMED V.M.,
RESIDING AT BAITHUL IHSAN,
72/2360, APRA 216,
ARYAPADAM LANE, L.F.C. ROAD,
KALOOR P.O., KOCHI,
PIN - 682017
2 SARATH KUMAR
AGED 64 YEARS
S/O. BHASKARAN,
RESIDING AT REEHA APARTMENT,
FLAT NO.10, MAMBILLY PARAMBU,
EDAPPALLY P.O., KOCHI,
PIN - 682025
3 SUNIL KUMAR K.B
AGED 49 YEARS
S/O. BHASKARAN NAIR,
RESIDING AT KEZHAKKE KUNNUM MURI HOUSE,
THENGODE P.O., ERNAKULAM,
PIN - 682030
4 THE CITY POLICE COMMISSIONER
KOCHI CITY, ERNAKULAM,
PIN - 682011
5 THE ASSISTANT COMMISSIONER OF POLICE
MATTANCHERRY P.O.,
KOCHI, PIN - 682002
6 THE STATION HOUSE OFFICER
PALLURUTHY POLICE STATION,
PALLURUTHY, KOCHI,
PIN - 682005
BY ADV SREEKANTH K.M.
SRI. AJITH VISWANATHAN, GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No. 30187 of 2024 2024:KER:79235
3
JUDGMENT
Dated this the 22nd day of October, 2024 The petitioners and respondents 1 to 3 are at loggerheads over the conduct of their partnership firm. Respondents 1 to 3 have obtained Ext.P5 interim order of injunction. According to the petitioners, under the cover of their injunction order, the party respondents are threatening and obstructing them from entering the premises of the partnership establishment. Hence, this writ petition.
2. Heard, learned Counsel for the petitioners, the party respondents and the learned Government Pleader.
3. From the arguments advanced and the documents produced, it is apparent that the dispute is purely civil in nature, regarding which a suit, with an order of injunction, is pending. If, as alleged, the injunction order is being misused, the petitioners can WP(C)No. 30187 of 2024 2024:KER:79235 4 bring that fact to the notice of the competent court and seek appropriate relief. The submission of the learned Government Pleader that, as of now, no law and order issues have been reported in connection with the dispute is also to be taken into account.
The writ petition is accordingly closed, directing the police to intervene if the dispute gives rise to any law and order situation.
Sd/-
V.G.ARUN JUDGE SSK/22/10 WP(C)No. 30187 of 2024 2024:KER:79235 5 APPENDIX OF WP(C) 30187/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PARTNERSHIP DEED DT 1.11.2022 OF M/S. BLUE SEA EXPORTS EXHIBIT P2 THE TRUE COPY OF THE LEASE DEED DT 1.3.2023 EXECUTED BY MANAGING PARTNER OF M/S. PEEVEES ENTERPRISES AS WELL AS M/S. BLUE SEA EXPORTS EXHIBIT P3 THE TRUE COPY OF OS NO.195/2024 OF MUNSIFF'S COURT, KOCHI DT 12.8.2024 EXHIBIT P4 THE TRUE COPY OF INTERIM APPLICATION FOR INJUNCTION AND AFFIDAVIT DT 12.8.2024 IN IA>2/2024 IN OS NO.195/2024 OF THE MUNSIFF'S COURT, KOCHI EXHIBIT P5 THE TRUE COPY OF THE ORDER OF INTERIM INJUNCTION DT 17.8.2024 IN IA.2/2024 IN OS NO.195/2024 OF THE HON'BLE MUNSIFF'S COURT EXHIBIT P6 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONERS TO THE RESPONDENTS 4 TO 6 DT 21.8.2024 RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE