Disposed

Dr.E.a.Gangadharan v. Shamon

Kerala HC9 Nov 2012OP(C)/307/2012

Case brief

AI extract

What is this about?

The petition challenging temporary injunction orders is disposed of as infructuous following the disposal of the underlying suit. The lower court is directed to dispose of a related pending suit by the end of the 2013 summer vacation.

What did the court decide?

The original petition is disposed of. The Sub Court is directed to dispose of O.S. No. 136 of 2009 before the summer vacation of 2013.

Dr.E.a.Gangadharan Vs Shamon — Kerala HC (2012) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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FRIDAY, THE 9TH DAY OF NOVEMBER 2012/18TH KARTHIKA 1934

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OP(C).No. 307 of 2012 (O)

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CMA.1/2010 of SUB COURT, MUVATTUPUZHA

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PETITIONERS :

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1. DR.E.A.GANGADHARAN, AGED 62 YEARS S/O.AYYAPPAN, RETIRED CIVIL SURGEON EDAYAL HOUSE, NELLIKUZHI P.O., ERAMALLOOR VILLAGE KOTHAMANGALAM.

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2. OMANA, W/O.DR.E.A.GANGADHARAN, S/O.AYYAPPAN, AGED 62YEARS RETIRED CIVIL SURGEON, EDAYAL HOUSE,NELLIKUZHI P.O. ERAMALLOOR VILLAGE, KOTHAMANGALAM.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENTS :

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1. SHAMON, S/O.YOYAKKI, PULLAMANGALATH HOUSE, NELLIKUZHI KARA ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK. PIN - 686691

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2. SHANMUGHAN, S/O.VAVA, RETIRED SUB INSPECTOR OF POLICE THOPPIL HOUSE, POTHANIKKAD KARA KOTHAMANGALAM TALUK – 686691.

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3. VASU, S/O.PADMANABHAN, ARICKASIPPILLIL HOUSE PERINGHAZHA KARA, MARADI VILLAGE,

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MUVATTUPUZHATALUK – 686673.

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R2 & R 3 BY ADVS. SRI.THOMAS M.JACOB

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SRI.T.R.JERRY SEBASTIAN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 307 of 2012 (O)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P-1 TRUE COPY OF INFORMATION OBTAINED FROM THE SUB REGISTRAR, KOTHAMANGALAM.

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EXT.P-2 TRUE COPY OF NEWS ITEM PUBLISHED IN KERALA KAUMUDI DAILY.

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EXT.P-3 TRUE COPY OF F.I.R FILED IN THE COURT OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, KOTHAMANGALAM.

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EXT.P-4 TRUE COPY OF ORDER PASSED IN I.A.1074/09 IN O.S.136/09 BY THE HON'BLE SUB COURT, MUVATTUPUZHA.

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EXT.P-5 TRUE COPY OF ORDER OF THE HON'BLE MUNSIFF COURT, MUVATTUPUZHA IN I.A.2995/09 IN O.S.500/09.

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EXT.P-6 TRUE COPY OF ORDER OF THE HON'BLE SUB COURT, MUVATTUPUZHA IN C.M.A. 1/2010.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

V.CHITAMBARESH, J.

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O.P.(C) No.307 of 2012

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Dated this the 9^th day of November, 2012

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JUDGMENT

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Orders passed on an application for temporary injunction in O.S.No.500 of 2009 on the file of the court of the Munsiff of Muvattupuzha are under challenge. It is now reported that the suit itself has been disposed of and therefore the original petition challenging the orders on application for temporary injunction has become infructuous.

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It is however stated that another suit between the parties as O.S.No.136 of 2009 (which remained stayed till the disposal of O.S.No.500 of 2009) is still pending. I direct the court of Subordinate Judge of Muvattupuzha to dispose of O.S.No.136 of 2009 on its file before the court closes for summer vacation in the year 2013.

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The original petition is disposed of.

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V.CHITAMBARESH JUDGE

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mns/

Dr.E.a.Gangadharan v. Shamon

Case brief

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Dr.E.a.Gangadharan v. Shamon

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