Gurudeva Charitable Trust vs Adv K.N. Joy
2024 Latest Caselaw 26643 Ker

Kerala High Court

Gurudeva Charitable Trust vs Adv K.N. Joy on 5 September, 2024

                                                       2024:KER:67344

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                      OP(C) NO. 1526 OF 2024

        AGAINST THE ORDER/JUDGMENT IN OS NO.12 OF 2022 OF MUNSIFF

                            COURT,ALUVA

PETITIONER/RESPONDENT NO.1/DEFENDANT NO.1:

          GURUDEVA CHARITABLE TRUST
          REPRESENTED BY ITS JOINT SECRETARY, SAJEEVABABU
          KOMBARA, GURUDEVA CHARITABLE TRUST, CHALAKKA,
          KUTHIYATHODE P.O., ERNAKULAM, PIN - 683519.

          BY ADVS.
          ANUPAMA SUBRAMANIAN
          K.R.SRIPATHI
RESPONDENTS/PETITIONER/PLAINTIFF:

    1     ADV K.N. JOY
          AGED 69 YEARS
          S/O. NARAYANAN, KALATHUNGAL HOUSE, PARAVUTHARA, NORTH
          PARAVUR, ERNAKULAM, PIN - 683513

    2     RETURNING OFFICER
          T.M. BALAN, ELECTION 2021, GURUDEVA CHARITABLE TRUST,
          CHALAKKA, KUTHIYATHODE P.O., ERNAKULAM, PIN - 683519

          BY ADV JEENA JOSEPH


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO.1526 OF 2024


                                     2

                                                               2024:KER:67344




                             JUDGMENT

This Original Petition is filed to challenge the order in

CMA.NO.7/2023 of the Additional District Court, North Paravur

and sought for a short stay of all further proceedings in IA.No.

10/2023 in OS.No.12/2022, Munsiff Court, Aluva, till the Revision

Petition filed by the petitioner is considered by the Court.

Taking into consideration of the limited reliefs sought for, an

interim order was granted for a period of one week. It is seen that

CRP.No.277/2024 is filed challenging the order in

CMA.No.7/2023, therefore nothing survives in the present

Original Petition, and the same is accordingly dismissed.

Sd/-

VIJU ABRAHAM JUDGE Pvv OP(C) NO.1526 OF 2024

2024:KER:67344

APPENDIX OF OP(C) 1526/2024 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE DEED OF TRUST DATED 21.06.2003 OF THE PETITIONER TRUST

EXHIBIT P2 A TRUE COPY OF THE ELECTION NOTIFICATION DATED 29.11.2021

EXHIBIT P3 A TRUE COPY OF I.A. NO. 2 OF 2021 IN UNNUMBERED O.S/2021 BEFORE THE HON'BLE DISTRICT VACATION COURT, ERNAKULAM

EXHIBIT P4 A TRUE COPY OF THE PLAINT IN O.S. NO. 12 OF 2022 BEFORE THE HONBLE MUNSIFF COURT, ALUVA

EXHIBIT P5 A TRUE COPY OF THE ELECTION NOTIFICATION (REF NO. GCT/09/2021) DATED 06.01.2022

EXHIBIT P6 A TRUE COPY OF THE LETTER CIRCULATED BY THE RETURNING OFFICER ON 13.01.2022

EXHIBIT P7 A TRUE COPY OF I.A. NO 10 OF 2023 IN O.S. NO. 12 OF 2022 BEFORE THE HON'BLE MUNSIFF COURT, ALUVA DATED 07.01.2023

EXHIBIT P8 A TRUE COPY OF C.M.A. NO. 7 OF 2023 FILED BY THE 1ST RESPONDENT BEFORE THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS COURT

EXHIBIT P9 A TRUE COPY OF THE COMMON ORDER IN C.M.A. NO. 51 OF 2022 AND C.M.A. NO. 7 OF 2023 DATED 22.12.2023 BY THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS COURT

EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS IN O.S. NO.

12 OF 2022 PENDING BEFORE THE HONBLE MUNSIFF COURT, ALUVA