Citation : 2022 Latest Caselaw 6965 Ker
Judgement Date : 14 June, 2022
OP(C) NO. 3072 OF 2013
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP(C) NO. 3072 OF 2013
AGAINST THE ORDER DT.4.3.13 IN IA NO.163/2013 IN OS 117/2006
OF III ADDITIONAL SUB COURT, ERNAKULAM
PETITIONER/S:
THE MALAYALA MANORAMA COMPANY
P.B.NO.4278, PANAMPILLY NAGAR, KOCHI-682036,
REPRESENTED BY ITS MANAGING EDITOR PHILIP MATHEW.
BY ADVS.
SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENT/S:
1 M.V. GOVINDAN MASTER
SECRETARY, ERNAKULAM DISTRICT COMMITTEE COMMUNIST
PARTY OF INDIA (MARXIST), LENIN CENTRE, KALOOR,
KOCHI-682017.
2 THE ERNAKULAM DISTRICT COMMITTEE COMMUNIST PARTY
OF INDIA MARXIST
LENIN CENTRE, KALOOR, KOCHI-682017, REPRESENTED BY
ITS SECRETARY, SHRI M.V.GOVINDAN MASTER.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 3072 OF 2013
2
JUDGMENT
The original petition is filed to set aside Ext.P5
order passed by the Court of the Subordinate Judge,
Ernakulam. Even though this original petition was filed
as early as on 05.09.2013, the same has not been
admitted and no interim order has been passed.
The learned counsel appearing for the respondents
submits that the suit itself leading to Ext.P5 has already
been dismissed by the Trial Court, as early as on
05.09.2013. Therefore, the petitioner did not seek for
any further reliefs in this original petition. The said
submission is recorded. In the light of the dismissal of
the suit, without prejudice to the right of the petitioner
to challenge any subsequent order passed in the suit,
this original petition is dismissed as infructuous.
Sd/-
C.S.DIAS, JUDGE rkc/14.06.22
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