Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 OP(C) NO. 2674 OF 2023 AGAINST CMA 22/2023 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, THALASSERY PETITIONERS/APPELLANTSS:
1 THE PRESIDENT, Y'S MEN'S CLUB OF KAKKENGAD AGED 57 YEARS (PO) KAKKENGAD VENUGOPALAN .K.T, S/O K.NARAYANAN NAMBIAR , SINDHU NIVAS', THALIPOYIL ,(PO) MUZHAKKUNNU , KANNUR., PIN - 670673 2 THE DISTRICT GOVERNOR OF DISTRICT NO. 4 AGED 61 YEARS STEPHEN MATHEW, S/O V.V. MATHEW PENSIONER, VANIYAKIZHAKKEYIL HOUSE, ULIKKAL.(PO) VAYATHOOR AMSOM AND DESOM , IRITTY TALUK,KANNUR, PIN - 670703 3 K RANJITH KUMAR AGED 57 YEARS S/O K K PADMANABHAN NAIR, PENSIONER,NIRMALYAM ,(PO) POOKODE, PATTIAM AMSOM AND DESOM, THALASSERY THALUK, PIN - 670691 BY ADVS.
P.ANOOP (MULAVANA) HEERAKRISHNA T.H.
RESPONDENTS/RESPONDENTS:
1 ANIL. P.I REGIONAL DIRECTOR, Y'S MEN'S INTERNATIONAL, WEST INDIA REGION ANIL VILLA, PULIKKOTTIL HOUSE, THRISSUR ROAD, KUNNAMKULAM, PIN - 680503 2 MICHEAL K. MICHEAL (RD ELECT) AGED 66 YEARS S/O MICHEAL ,BUSINESS KODUMKAYATHIL, (PO) PAYAM, , ARALAM AMSOM AND DESOM, IRITTY TALUK, KANNUR, PIN - 670704 3 C .V. HARIDASAN AGED 55 YEARS KHADI BHAVAN, MAIN ROAD, THALIPARAMBA, KANNUR, PIN - 670141 4 K.M. SHAJI AGED 55 YEARS WORKING IN SREERAM FINANCE, THANAL HOUSE, GREEN GARDEN,
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PALLIKKUNU ,KANNUR, KANNUR THALUK,, PIN - 670004 5 THE PRESIDENT , YMC NADATHARA AGED 40 YEARS ( NASEER. K.M, KAVAPPAN VEETTIL, MANNUTHI, (PO), KANNUR, PIN - 680651 6 THE PRESIDENT , YMC , KADUMENI AGED 50 YEARS SHAJI. K.J , AGED KUZHUVELIL HOUSE, KADUMENI.P.O KASARGODU DISTRICT., PIN - 670511 7 THE PRESIDENT, YMC, VATAKARA AGED 50 YEARS (ARAVINDAKSHAN PUTHOOR, GST PRACTITIONER, ACCOUNTS INDIA, NEAR BUS STAND, VATAKARA TALUK., PIN - 673101 8 THE PRESIDENT , Y'S MEN'S CLUB MERIGIRI , (VISHNU. C.R, C/O. ANIL.P.I ANIL VILLA , PULIKKOTTIL HOUSE, THRISSUR ROAD, KUNNAMKULAM,, PIN – 670503 BY ADV. S. UNNIKRISHNAN (GP) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T Dated this the 4th day of December, 2023 The petitioners herein are the appellants in C.M.A.No.22/2023 pending before the Additional Sub Court, Thalassery. Petitioners seek expeditious disposal of Ext.P7 application seeking stay of Ext.P5 order, which rejected Ext.P2 application for injunction.
2.
Having heard the learned counsel appearing for the petitioners, this Court notice that, the C.M.A. itself has been filed, with a petition to condone the delay. The question of considering the stay petition arises only after the delay is condoned and the C.M.A. becomes live. Ext.P7 stay petition is filed only on 10.11.2023. This Court is of the opinion that the petitioners are not justified in rushing to this Court under Article 227 of the Constitution, seeking expeditious
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disposal of Ext.P7 stay petition, which was filed only in November, 2023. In these circumstances, this Original Petition will stand dismissed.
3.
However, it will be open for the petitioners to file necessary application to expedite the hearing of the delay condonation petition, as also, Ext.P7 stay petition, before the learned Sub Judge, Thalassery. Such application, if any filed, will be considered in accordance with law, by the learned Sub Judge.
Sd/- C. JAYACHANDRAN JUDGE TR
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APPENDIX OF OP(C) 2674/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SUIT IN OS NO 326/2023 FILED BEFORE THE MUNSIFF COURT, KOOTHUPARMBU DATED 24-06-2023 Exhibit P2 A TRUE COPY OF THE I A 2/2023 IN O S 326/2023 DATED 24/06/2023 Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT DATED 05/10/2023 IN O S 326/2023 Exhibit P4 A TRUE COPY OF THE COUNTER STATEMENT IN I A 2/2023 DATED 05/10/2023 Exhibit P5 A TRUE COPY OF THE ORDER IN I A NO.
2/2023 IN O S 326/2023 DATED 21/07/2023 BEFORE THE MUNSIFF COURT, KOOTHUPARMBU Exhibit P6 A TRUE COPY OF THE APPEL CMA NO.
22/2023 FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE DATED 10/11/2023 Exhibit P7 A TRUE COPY OF THE STAY PETITION FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE IN I A 1/2023 IN CMA NO. 22/2023 BEFORE THE SUB COURT THALASSERI DATED 10/11/2023 Exhibit P8 THE TRUE COPY OF THE DELAY PETITION IN I A NO. 2/2023 IN CMA NO. 22/2023 BEFORE THE SUB COURT THALASSERI DATED 10/11/2023