This appeal challenges an interim order regarding a suit for violation of trade mark. The High Court directed the Additional District Court to dispose of the suit quickly without being hampered by the interim observations.
Direction to the Additional District Court to dispose of the suit expeditiously untrammelled by interim observations.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
TUESDAY, THE 17TH JULY 2007 / 26TH ASHADHA 1929
FAO.No. 158 of 2006()
--------------------AGAINST THE ORDER DATED 05/06/2006 IN IA.1080/2006 IN OS.7/2006 of II ADDL. DISTRICT COURT, TRIVANDRUM
APPELLANT/PETITIONER/PLAINTIFF:
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POORNNA PRINTING AND PUBLISHING HOUSE, 11/440, MUTTAPPALAM POST, VARKALA, THIRUVANANTHAPURAM-695 145, KERALA, REPRESENTED BY ITS MANAGING DIRECTOR, P.K.SUKUMARAN, S/O. KESAVAN, AGED 70, RESIDING AT 11/440, MUTTAPPALAM POST, VARKALA, TVPM-695 145.
BY ADV. SRI.ANIL K.NARENDRAN
RESPONDENTS: COUNTER PETITIOERS/DEFENDANTS:
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1. BHODESWARAN, S/O. JANARDHANAN, AGED 50, HAVING ADDRESS POORNIMA PUBLICATIONS, POORNIMA, WEST OTHERA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.
2. PRABHAKUMARY M.T., D/O. THANKAPPAN, AGED 45, RESIDING AT PANTHAPLAMOOTTIL, WEST OTHERA P.O., THIRUVALLA, PATHANAMTHITTA DIST.
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F.A.O.NO.158/2006
3. J.THARANATH, S/O. JANARDHANAN, AGED 45, RESIDING AT SURYALAYAM, THOTTAPPALLY, ALAPPUZHA-688 563.
4. M.H.RAMESH, S/O. HARIDAS, AGED 50, RESIDING AT KAUMUDI, THOTTAPPALLY P.O., ALAPPUZHA.
5. J.MURALEEDHARAN, S/O. JANARDHANAN, AGED 54, KARIPOLITHARAYIL, PALLIPATTU MURI, THIRIKUNNAPUZHA P.O., ALAPPUZHA.
6. S.ABDUL RASHEED, S/O. SULAIMANKUNJU, AGED 50, MOOTHEKKAL VEEDU, ARATTUPUZHA, THRIKKUNNAPUZHA, ALAPPUZHA.
BY ADV. SRI.GEORGE MAHTEW
SRI.K.S.HARIHARAPUTHRAN
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 17/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
J.B. KOSHY and T.R.RAMACHANDRAN NAIR, JJ.
F.A.O. No. 158 of 2006
Dated this the 17th day of July, 2007
Judgment
Koshy, J.
This appeal is filed against the interim order passed in O.S. No. 7 of 2006 on the file of the Additional District Court-II, Thiruvananthapuram. It is the contention of the appellant that violation of trade mark and passing of rights are not considered by the court. The order impugned is only an interim order. Considering the prima facie nature of the case these findings will not be binding when the case is finally disposed of. In the above circumstances, we direct the Additional District Court - II, Thiruvananthapuram to dispose of the suit as expeditiously as possible untrammelled by the observations in the order.
With that direction this appeal is disposed of.
JUDGE
T.R.RAMACHANDRAN NAIR JUDGE
vaa
M.F.A.No./2000 2
M.F.A.No./2000
3
J.B. KOSHY AND T.R.RAMACHANDRAN NAIR, JJ.
-------------------------F.A.O.NO.158/2006
JUDGMENT
Dated:17th July, 2007
2 issues framed by the court
Whether the lower court should dispose of the trade mark infringement suit expeditiously without being constrained by interim observations.
Whether the appellant's contention regarding violation of trademark rights requires separate adjudication.
Poonna Printing and Publishing House (represented by P.K. Sukumaran)
Bhodeswaran
Prabhakumary M.T.
J. Tharanath
M.H. Ramesh
J. Muraliedharan
J.B. Koshy
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
