Kerala High Court
Vineesh. V.T vs Cochin Devaswom Board on 12 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(C) NO. 950 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.1712 OF 2022 OF
DISTRICT COURT & SESSIONS COURT,THRISSUR
PETITIONERS/APPLICANTS/APPELLANTS:
1 VINEESH. V.T
AGED 51 YEARS, S/O.THANKAPPAN,
VENDORE HOUSE, CHITTISSERY,
NENMANIKKARA VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR, PIN - 680301
2 PRAKASH
AGED 53 YEARS, S/O.PRABHAKARAN NAIR,
THIRUTHIYIL HOUSE, CHELAKKARA P.O,
CHELAKKARA VILLAGE, DESOM THALAPPILLY TALUK,
THRISSUR, PIN - 680623
3 GOPIKUMAR
AGED 53 YEARS, S/O.GOPALA PISHARODY,
PUTHAN PISHARAM HOUSE, LAKKIDI P.O,
LAKKIDI VILLAGE, OTTAPPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679101
BY ADVS.
S.SUJIN
NITA.N.S.
T.N.GIRIJA
N.BHARAT
B.BILWIN
KEERTHI M.
V.R.LAKSHMI
RESPONDENT/RESPONDENT/RESPONDENT:
COCHIN DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY. DEVASWOM HEAD
QUARTERS SWARAJ ROUND NORTH,
THRISSUR, PIN - 680001
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 950/2024
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JUDGMENT
Heard Sri. N.N.Sugunapalan, the learned Senior Counsel appearing for
the petitioners and also the learned counsel appearing for the respondent.
2. The limited prayer in this original petition is to direct the District
Judge, Thrissur to dispose of I.A.No.2/2023 in C.M.A.No.123/2023
expeditiously.
3. The petitioners filed suit for injunction as O.S.No.1712/2022
against the respondent before the Munsiff Court, Thrissur. The petitioners
also moved an application for interim injunction under Order 39 Rule 1 of the
CPC as I.A.No.2/2022. This Court as per Ext.P7 judgment, directed the
learned Munsiff to dispose of the said application, expeditiously, recording
the undertaking of the respondent that coercive action against the petitioners
will stand deferred till the disposal of the injunction application. Thereafter,
the learned Munsiff disposed of I.A.No.2/2022 dismissing the injunction
application as per Ext.P8 order. Challenging Ext.P8, petitioners preferred
Ext.P9 appeal before the District Court, Thrissur. The petitioners also moved
Ext.P10 application for stay as early as on 04/12/2023. The respondent
entered appearance also, but, so far, it has not been disposed of. It is
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submitted that it is posted for hearing on 04/06/2024.
4. Having heard the learned Senior Counsel for the petitioners as
well as the learned counsel for the respondent, the District Court, Thrissur is
directed to dispose of Ext.P10 stay application on or before 30/06/2024. Till
then, coercive action against the petitioners shall be kept in abeyance.
The original petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF OP(C) 950/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT DATED NIL IN O.S
NO.1712/2022 ON THE FILES OF THE COURT OF
MUNSIFF THRISSUR.
EXHIBIT P2 TRUE COPY OF THE I.A NO.2/2022 DATED NIL IN
O.S NO.1712/2022 ON THE FILES OF THE COURT OF
MUNSIFF THRISSUR.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 15/12/2021 IN
EXHIBIT P4 TRUE COPY OF THE COUNTER DATED 20/10/2023 IN
EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE DATED
31/07/2023 SENT BY DEPUTY TAHASILDAR,
THALAPPILLY TALUK TO 2ND PETITIONER
EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DATED
01/08/2023 SENT BY DEPUTY TAHASILDAR
THALAPPILLY TALUK TO 2ND PETITIONER
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 29/09/2023 IN
O.P(C) 1966/2023
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 04/11/2023 IN I.A
EXHIBIT P9 TRUE COPY OF THE APPEAL MEMORANDUM IN C.M.A.
NO. 123/2023 DATED 04/12/2023
EXHIBIT P10 TRUE COPY OF THE I.A. NO. 2/2023 DATED
04/12/2023 IN C.M.A. NO. 123/2023 ON THE FILES
OF THE COURT OF DISTRICT JUDGE, THRISSUR
