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
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
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
