Bhargavi Amma & Others v. Chandrasekhara Pillai
Case brief
What is this about?
High Court disposed of a civil revision petition challenging an appellate order that reversed an interim mandatory injunction. The Court held the interim application irrelevant due to a five-year delay and directed the trial court to dispose of the underlying suit expediently, while setting aside the appellate judgment and closing the interim application.
What did the court decide?
The Civil Revision Petition was disposed of, the appellate judgment in C.M.A.No.32 of 2006 was set aside, and the interim application order I.A.No.738 of 2006 was closed as irrelevant, directing the t
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932
CRP.No. 772 of 2007()
--------------------CMA.32/2006 of ADDL.DISTRICT COURT-I,MAVELIKARA (IA.NO.738/2006 IN OS.29/2004 of MUNSIFF COURT,HARIPAD
REVN. PETITIONER(S): RESPONDENTS/PETITIONER/COUNTER CLAIM PLAINTIFFS
- BHARGAVI AMMA, D/O.KUNJIKUTTIYAMMA, CHEKKOT VEETIL, THEKKEKKARA KIZHAKKUM MURI, PALLIPPAD.
- VIJAYA KUMAR, S/O.MADHAVAN PILLAI, CHEKKOT VEETTIL, THEKKEKKARA KIZHAKKUM MURI, PALLIPPAD.
- PADMAKUMAR, S/O.MADHAVAN PILLAI, CHEKKOT VEETTIL, THEKKEKARA KIZHAKKUM MURI, PALLIPPAD.
- GOPALAN NAIR, S/O.PARAMESWARAN NAIR, SREEVILASATHU VEETTIL, THEKKEKKARA KIZHAKKUM MURI, PALLIPPAD.
Issues for consideration
2 issues framed by the court
Whether a civil revision petition challenging an appellate order reversing an interim mandatory injunction becomes infructuous five years after the application for interim relief was filed.
Whether the appellate court's order directing expedient disposal of the underlying suit should be set aside in a revision petition raised after a long delay.
Parties & counsel
- petitioner
Bhargavi Amma, Vijaya Kumar, Padmakumar, Gopan Nair
- respondent
Chandrasekhara Pillai
Coram
K.T. Sankaran
Case details
As recorded by the court registry
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