Kerala High Court
M.Shahudeen vs Kerala Vyapari Vyavasai Ekopana ... on 26 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
OP(C).No.383 OF 2020
AGAINST THE ORDER DATED 29-10-2019 IN C.M.A.NO.25/2019 OF
SUB COURT,KOTTARAKKARA
AGAINST THE ORDER IN I.A.NO.1597/2019 IN O.S. NO.331/2019 OF
MUNSIFF COURT, KOTTARAKKARA
PETITIONER/APPELLANTS 1 AND 2/DEFENDANTS 1 AND 2:
1 M.SHAHUDEEN,
AGED 85 YEARS,
BANGLAVIL, MUSLIM STREET, PADINJATTINKARA MURI,
KOTTARAKKARA VILLAGE, KOTTARAKKARA.
2 SAMUELKUTTY,
AGED 70 YEARS,
SAM VILLA, KIZHAKKEKKARA MURI,
KOTTARAKKARA VILLAGE, KOTTARAKKARA.
BY ADVS.SRI.C.S.MANILAL
SRI.S.NIDHEESH
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
1 KERALA VYAPARI VYAVASAI EKOPANA SAMITHI,
REG. NO.262/81, KOTTARAKKARA UNIT, VYAPARA
BHAVAN, KOTTARAKKARA,
KOTTARAKKARA VILLAGE- 691506.
2 C. L. JOHN,
PRESIDENT, KERALA VYAPARI VYAVASAI EKOPANA
SAMITHI, KOTTARAKKARA UNIT, DOING BUSINESS AS
ARADHANA TRONIX, PULAMON, KOTTARAKKARA,
RESIDING AT ARADHANA, KIZHAKKETHERUVU P. O.,
KOTTARAKKARA - 691 506.
3 N. RAMACHANDRAN NAIR,
GENERAL SECRETARY, KERALA VYAPARI VYAVASAI
EKOPANA SAMITHI, KOTTARAKKARA UNIT,
DOING BUSINESS AS MOHAN DIGITAL STUDIO, HOSPITAL
JUNCTION, KOTTARAKKARA, RESIDING AT
VALLAMKULATHUMADAM, PADINJATTINKARA MURI,
KOTTARAKKARA VILLAGE - 691 506.
O.P.(C)No.383/2020
-:2:-
4 P. K. VIJAYAKUMAR,
TREASURER, KERALA VYAPARI VYAVASAI EKOPANA
SAMITHI, KOTTARAKKARA UNIT, DOING BUSINESS AT
KARTHIKA COLOUR CENTRE,
RAILWAY STATION JUNCTION, KOTTARAKKARA,
RESIDING AT SREELAKSHMI, PADINJATTINKARA,
KOTTARAKKARA - 691 506.
R1-4 BY ADVS. SRI.R.GIREESH VARMA
SRI.V.K.NANDAKUMARAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.383/2020
-:3:-
Dated this the 26th day of March,2021
J U D G M E N T
Petitioners in this original petition are
defendant Nos.1 and 2 in O.S.No.331/2019. An order
of temporary injunction was passed by the court of
first instance restraining the petitioners from
entering into plaint property and causing
obstruction to possession and enjoyment of
plaintiffs.
2. Being aggrieved by the order,
C.M.A.No.25/2019 was filed by the petitioners. It
was dismissed confirming the order passed by the
trial court. The concurrent order of temporary
injunction passed by the both courts below are
challenged in this original petition.
3. When the matter came up for hearing, the
learned counsel for the petitioners pointed out
that the appellate court happened to agree with
the trial court's view only because additional
documents produced in appeal by him were
overlooked by that court. Had those documents also
been considered it is contended, a different view
would have been taken by the appellate court.
O.P.(C)No.383/2020
4. The learned counsel for the respondents,
on the other hand, submitted that those documents
are not admissible in evidence and even if they
are taken into account also, the order granting
temporary injunction passed by the court of first
instance would only have been upheld.
5. I do not want to express any opinion on
merits of the contentions raised by the parties on
either side, I am of the opinion that the
petitioners should get an opportunity to urge
their contentions based on the additional
documents produced in C.M.A.No.25/2019 and the
matter to be heard.
6. Having heard the submissions made on
behalf of the parties, I do not intend to
interfere with the concurrent orders passed by the
both courts below. While allowing the impugned
orders to sustain, I am of the opinion that Sub
Court, Kottarakkara has to have a re-look into the
issues raised in I.A.No.1597/2019 and decide the
matter afresh after hearing parties.
In the result, this original petition is
disposed of calling upon Sub Court, Kottarakkara,
to reconsider I.A.No.1597/2019 after hearing
O.P.(C)No.383/2020
parties in accordance with law within a period of
three months from the date of production of
certified copy of this judgment. The court below
may give parties on both sides opportunity to
produce documents on their side and it may decide
the issues on hand untrammelled by the
observations made in C.M.A.No.25/2019. It is
further made clear that it will be open to the
parties to urge before the court below that the
suit itself may be disposed of provided it is ripe
for trial.
All pending interlocutory applications will
stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST //True copy/
P.A.To Judge
O.P.(C)No.383/2020
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN
O.S.NO.331/2019 ON THE FILE OF MUNSIFF
COURT, KOTTARAKKARA.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED
4.7.2019 FILED BY THE DEFENDANTS
(PETITIONERS HEREIN) IN O.S.331/2019 IN
I.A.1597/2019.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE LEARNED
MUNSIFF'S COURT IN I.A.1597/2019 IN
O.S.331/2019 DATED 17.7.2019.
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE SUB COURT
IN C.M.APPEAL 25/2019 DATED 29.10.2019.
EXHIBIT P5 TRUE COPY OF THE BYE-LAW OF THE KERALA
VYAPARI VYAVASAI EKOPANA SAMITHI.
EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE
RESPONDENT SAMITHI DATED 3.3.2019.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED
15.11.2017 ISSUED TO THE DISTRICT
PRESIDENT, KERALA VYAPARI VYAVASAI
EKOPANA SAMITHI.
EXHIBIT P8 TRUE COPY OF THE LETTER OF THE DISTRICT
COMMITTEE DATED 18.11.2017.
EXHIBIT P9 TRUE COPY OF THE NOTICE OF ELECTION
DATED 18.11.2017.
EXHIBIT P10 TRUE COPY OF THE MINUTES OF THE MEETING
DATED 3.12.2017.
EXHIBIT P11 TRUE COPY OF THE RELEVANT PORTION OF
THE MINUTES DATED 4.4.2018
PAGES 154-156.
EXHIBIT P12 TRUE COPY OF THE LETTER OF REQUEST
DATED 5.4.2018 BY THE KOTTARAKKARA UNIT
OF VYAPARI VYAVASAI EKOPANA SAMITHI TO
THE DISTRICT COMMITTEE.
O.P.(C)No.383/2020
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 5.5.2018
OF THE DISTRICT COMMITTEE, KOLLAM OF
VYAPARI VYAVASAI EKOPANA SAMITHI.
EXHIBIT P14 TRUE COPY OF THE REPORT OF THE
COMMISSIONER IN O.S.331/2019 IN
I.A.NO.1646/2019 DATED 29.6.2019.
RESPONDENTS' EXHIBITS: NIL
