Kerala High Court
Nilakkal Hindu Seva Samajam vs P.V. Sivadasan on 13 September, 2024
O.P(C). No.1860 of 2024 1
2024:KER:70122
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
OP(C) NO. 1860 OF 2024
AGAINST THE ORDER DATED 19.08.2024 IN OS NO.248 OF 2024
OF MUNSIFF COURT,ADOOR
PETITIONER/TO BE IMPLEADED AS ADDITIONAL 6TH DEFENDANT:
NILAKKAL HINDU SEVA SAMAJAM
AGED 45 YEARS
(REG. NO. Q.IV-28/1978)
IVERKALA WEST NORTH PUTHANAMBALAM P.O. KOLLAM
REPRESENTED BY RAJESH.S,
CONVENOR OF THE ADHOC COMMITTEE
S/O SIVARAMAN ACHARI CHARIVUTHUDIL HOUSE
IVERKALA WEST NORTH PUTHANAMBALAM P.O.
KOLLAM, PIN - 691553
BY ADVS.
R.KRISHNA RAJ
E.S.SONI
R.PRATHEESH (ARANMULA)
SREERAJA V.
LAXMI PRIYAA N.P.
RESPONDENTS/PLAINTIFFS/DEFENDANTS:
1 P.V. SIVADASAN
AGED 57 YEARS
S/O. G. BALAKRISHNAN PLAMTHUNDIL HOUSE
KADAMBANAD P.O. PATHANAMTHITTA, PIN - 691552
2 NILAKKAL SREE MAHADEVAR (PRATHISHTA)
NILAKKAL SREE MAHADEVAR TEMPLE
IVERKALA WEST NORTH MURIYIL ,
PUTHANAMBALAM P.O.,, PIN - 691553
3 NILAKKAL SREE MAHADEVAN TEMPLE
NILAKKAL HINDU SEVA SAMAJAM
IVERKALA WEST NORTH MURIYIL
PUTHANAMBALAM P.O., ADOOR PATHANAMTHITTA
O.P(C). No.1860 of 2024 2
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REPRESENTED BY CHAIRMAN,
ADHOC COMMITTEE, PIN - 691553
4 NILAKKAL HINDU SEVA SAMAJAM
(REG. NO.Q.IV-28/1978)
IVERKALA WEST NORTH MURIYIL
PUTHANAMBALAM P.O., ADOOR
PATHANAMTHITTA REPRESENTED BY
AD HOC COMMITTEE CHAIRMAN, PIN - 691552
5 NILAKKAL HINDU SEVA SAMAJAM
AD HOC COMMITTEE IVERKALA WEST NORTH MURIYIL
PUTHANAMBALAM P.O., ADOOR PATHANAMTHITTA
REPRESENTED BY AD HOC COMMITTEE CHAIRMAN, PIN -
691553
6 T.K. SATHEESH CHANDRAN
AGED 63 YEARS
S/O. B. KOCHU KUNJU THENGUVILAYIL HOUSE
KADAMBANAD SOUTH P.O. ADOOR, PATHANAMTHITTA, PIN -
691552
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(C). No.1860 of 2024 3
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VIJU ABRAHAM, J.
.................................................................
O.P(C). No.1860 of 2024
.................................................................
Dated this the 13th day of September, 2024
JUDGMENT
The petitioner has approached this Court seeking expeditious
disposal of I.A.Nos.3, 4 and 5 of 2024 in O.S.No.248 of 2024 pending
before the Munsiff's Court, Adoor within a time limit to be fixed by this
Court.
2. When the matter came up for consideration on
23.08.2024, I have called for a report from the trial court concerned
regarding the present status of I.A.Nos.3, 4 and 5 of 2024 in O.S.No.248
of 2024 and the time limit required for disposal of the same. A report has
been filed on 12.09.2024 stating that out of the three interlocutory
applications filed, I.A.No.4 of 2024 was allowed on 27.08.2024 and the
case was advanced to 31.08.2024 and was posted for objection to
10.09.2024. I.A.No.3 of 2024 as well as I.A.No.5 of 2024 was posted for
objection to 13.09.2024. While so, on 05.09.2024 the petitioner has filed
yet another application to implead him as additional respondent in
I.A.No.1 of 2024, injunction petition, which was numbered as I.A.No.6 of
2024 and the same is posted for orders on 13.09.2024 and the court has
sought for one month's time after Onam vacation to dispose of I.A.No.5
of 2024.
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Recording the said request made in the report the original
petition is disposed of. Petitioner is free to raise a question of
maintainability before the trial court which shall also be appropriately
considered by the trial court.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF OP(C) 1860/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE ORIGINAL SUIT NO. 248
OF 2024 DATED 08.08.2024
Exhibit P-2 TRUE COPY OF THE CASE STATUS OF
ORIGINAL SUIT NO. 248 OF 2024
Exhibit P-3 TRUE COPY OF NOTICE OF THE GENERAL BODY
DATED 09.08.2024
Exhibit P-4 TRUE COPY OF THE LETTER OF THE
RETURNING OFFICER DATED 27.06.2024
Exhibit P-5 TRUE COPY OF THE BY-LAW OF THE TRUST
DATED 9.10.1988
Exhibit P-6 TRUE COPY OF COMPLAINT DATED 18.08.2024
Exhibit P-7 TRUE COPY OF RECEIPT OF COMPLAINT DATED
18.08.2024
Exhibit P-8 TRUE COPY OF THE INTERIM INJUNCTION IN
IA NO. 1 OF 2024 IN OS NO. 248 OF 2024
Exhibit P-9 TRUE COPY OF THE IA NO. 3 OF 2024 IN OS
NO. 248 OF 2024 DATED 21.08.2024
Exhibit P-10 TRUE COPY OF THE IA NO.4 OF 2024 IN OS
NO. 248 OF 2024 DATED 22.08.2024
Exhibit P -11 TRUE COPY OF THE IA NO.5 OF 2024 IN OS
NO. 248 OF 2024 DATED 22.08.2024
