K.C.Vijayaram (Wrongly Shown As ... vs M.K.Manoharan
2023 Latest Caselaw 3017 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
                     THE HONOURABLE MR.JUSTICE C.S.DIAS
          Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
                           OP(C) NO. 1739 OF 2021

         CMA 3/2019 OF ADDITIONAL DISTRICT COURT - IV, THALASSERY

PETITIONERS/APPELLANTS/RESPONDENTS 1,3 & 4:

  1. K.C.VIJAYARAM (WRONGLY SHOWN AS M.K.VIJAYARAM), AGED 74 YEARS,
     S/O.VASUDEVAN, (WRONGLY SHOWN AS 63 YEARS), RESIDING AT
     PUTHANPURAYIL HOUSE, THATTIYOD, P.O. KOODALI, KANNUR 670 592.

      AND 2 OTHERS

RESPONDENT/RESPONDENT/PETITIONER:

     M.K.MANOHARAN, S/O.LAKSHMI, AGED 65 YEARS, RESIDING AT THEVORATH
     HOUSE, KANNOOKKARA, THANA, KANNUR 670 012.

     Op (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to pass
an order staying the operation of Ext.P12 judgment, pending disposal of
the above Original Petition (Civil).
     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP(C) and this court's order dated
23.06.2022 and upon hearing the arguments of SRI.ASHWIN SATHYANATH,
Advocate for the petitioners and of M/S.K.MOHANAKANNAN & H.PRAVEEN
(KOTTARAKARA), Advocates for the respondent, the court passed the
following:




                                                                     (P.T.O)
                       APPENDIX OF OP(C) 1739/2021

     Exhibit P8: TRUE COPY OF THE JUDGMENT IN W.P.(C) 38355/2018 DATED
7.12.2018

     Exhibit P9: TRUE COPY OF THE JUDGMENT IN W.P.(C) 9443/2019 DATED
14.6.2019

     Exhibit P10: TRUE COPY OF THE JUDGMENT IN W.P.(C) 3829/2021 DATED
30.3.2021

     Exhibit P12: TRUE COPY OF THE JUDGMENT DATED 15.9.2021 IN C.M.A
NO.3/2019 BEFORE THE ADDL. DISTRICT JUDGE-IV, THALASSERY
                          C.S.DIAS,J.
      ====================
                   O.P (C)No. 1739 of 2021
      ------------------------------------ ---------
              Dated this the 13th day of March, 2023

                          ORDER

By order dated 11.10.2021, this Court had stayed the

operation of Ext.P12 order, to the extent the order vacated

the finding of the trial court that the affairs of the temple

are being managed by the Trust. However, it was made

clear that the interim order will not fetter the existing rights

of the respondent, as recognized by this Court in Exts.P8,

P9 and P10 judgments.

2. The respondent complains that, despite the above

direction, the petitioners are not permitting him to exercise

his rights. But, the respondent is precluded from moving

the Trial Court for prosecution because of stay of further

proceedings.

In the above background, I extend the interim order O.P.(C)No.1739 of 2021

dated 11.10.2021 for a period of six months. Nonetheless,

it is clarified that interim order will not stand in a way of

the respondent moving the Trial Court under Order 39 Rule

2A of the Code of Civil Procedure, for prosecution against

the persons who have allegedly violated the order dated

11.10.2021 passed by this Court.

Sd/-

C.S.DIAS, JUDGE rmm13/3/2023

13-03-2023 /True Copy/ Assistant Registrar