Dismissed
Santhosh Club v. v.v.Philip
Kerala HCFAO/238/2010
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 28TH DAY OF NOVEMBER 2012/7TH AGRAHAYANA 1934
FAO.No. 238 of 2010 ( )
I.A. NO. 801/2006 IN OS.2/2006 OF DISTRICT COURT, THODUPUZHA
APPELLANTS/RESPONDENTS 1 & 2/DEFENDANTS 1 & 2 :
1. SANTHOSH CLUB, KARIMANOOR, REGD.NO.425/78, KARIMANOOR P.O.,
2. V.K.THANKAPPAN, MLAYIL HOUSE, KARIMANNOOR P.O., THODUPUZHA TALUK, SECRETARY SANTHOSH CLUB, KARIMANNOOR.
BY ADVS.SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN
RESPONDENTS/PETITIONERS 1 TO 4 - PLAINTIFFS & RESPONDENTS 3 TO 7
------------------------------------------------------------------------------------------------------------DEFENDANTS 3 TO 7 :
1. V.V.PHILIP, S/O.VARKEY,
VENKULATHIL HOUSE, PANNOOR P.O., KARIMANOOR VILLAGE THODUPUZHA.
2. A.S.JABBARKUTTY, S/O.SADIK, AALIYAKUNNEL HOUSE, UDUMBANNOOR P.O.,
THODUPUZHA.
3. K.P.MADUSUDANAN, S/O.PEETHAMBARAN, KALLUVELIL HOUSE, KARIMANOOR P.O., THODUPUZHA.
4. JOY JOSEPH, S/O.JOSEPH, KOCHUPURACKAL HOUSE, PANNOOR P.O. UDUMBANNOOR VILLAGE, THODUPUZHA TALUK.
5. SAJI, S/O.MARKOSE, PULLISSERIL HOUSE, ARIVILAMCHAL P.O., KANTHIPPARA VILLAGE UDUMBANCHOLA TALUK, IDUKKI.
...2/-
FAO.No. 238 of 2010 ( ) -2-
6. P.N.PRABHAKARAN NAIR, KARTHIKA NIVAS, PANNOOR KARA, KARIMANNOOR, THODUPUZHA.
7. K.S.JOSE, S/O.DEVASIA,
8. MATHAI MATHEW, S/O.MATHEW, POOVATHINKA VEEDU, THATTAKKUZHA P.O., THODUPUZHA.
9. P.N.NARAYANAN NAIR, PUTHENVEEDU, KARIMANNOOR, THODUPUZHA.
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 28-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
V.CHITAMBARESH,J.
= = = = = = = = = = =
F.A.O No.238 of 2010
= = = = = = = = = = = == = = = =
Dated this the 28th day of November, 2012
O R D E R
I have by order dated 28-11-2012 in C.R.P No. 316/2010 held that the court below could not have granted leave under Section 92 of the Code of Civil Procedure after the institution of the suit. It necessarily follows that the suit is not maintainable and the interim order passed in the interlocutory applications therein also terminate.
The impugned order merges in the final verdict holding the suit as not maintainable. Therefore F.A.O becomes infructuous
and is hence dismissed.
V.CHITAMBARESH. JUDGE
smm
2
3
Sainthosh Club, Karimanoor (represented by Francis V.)
V.K. Thankappan
V.V. Philip
V. Chitambaresh
As recorded by the court registry
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