Disposed

Aroor Puthuvaranad Devaswom Private Trust v. G.Satheesh

Kerala HC29 Oct 2012OP(C)/3527/2012

Case brief

AI extract

What is this about?

Justice V. Chitamberesh issued directions regarding an appeal concerning a decree for injunction in a private trust matter, directing the Subordinate Judge to expeditiously dispose of a stay application and conditioning enforcement on the outcome of stay proceedings.

What did the court decide?

Directed Subordinate Judge to dispose of stay application within one month; stayed enforcement of decree pending appellate order.

Aroor Puthuvaranad Devaswom Private Trust Vs G.Satheesh — Property and Title | Kerala HC (2012)

¶1

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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MONDAY, THE 29TH DAY OF OCTOBER 2012/7TH KARTHIKA 1934

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OP(C).No. 3527 of 2012 (O)

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AS.83/2011 of SUB COURT, CHERTHALA

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PETITIONER(S)/APPELLANTS:

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AROOR PUTHUVARANADU DEVASWOM PRIVATE TRUST REPRESENTED BY THE PRESIDENT, RAJENDRAN KAMBAKKARAN AROOR MURI & VILLAGE, AROOR POST, PIN.688 534 CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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C.K.RAJENDRAN KAMBAKKARAN AMBALAMADATHIL, AROOR MURI & VILLAGE, AROOR POST PIN.688 534, CHERTHALA TALUK ALAPPUZHA DISTRICT.(PRESIDENT AROOR PUTHUVARANAD DEVASWOM PRIVATE TRUST)

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BHUVANENDRAN

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S/O.PRABHAKARAN, KANDATHIPARAMBIL, AROOR POST PIN.688 534, CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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BY ADVS.DR.V.N.SANKARJEE

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SRI.V.N.MADHUSUDANAN

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RESPONDENT(S)/RESPONDENTS:

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G.SATHEESH

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S/O.GOPALAKRISHNA PILLAI, KALPANAYIL

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CHERTHALA SOUTH MURI

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CHERTHALA SOUTH VILLAGE AND TALUK, PIN-688 524.

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MADHUSOODANAN

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S/O.PARAMESWARAN KAMBAKKARAN, PARVATHY NILAYATHIL AROOR POST, PIN.688 534, CHERTHALA TALUK ALAPPUZHA DISTRICT.

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DEVANAND

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S/O.C.K.RAJENDRAN KAMBAKKARAN, AMBALAMADATHIL AROOR POST, PIN.688 534, CHERTHALA TALUK ALAPPUZHA DISTRICT.

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OP(C) NO. 3527/2012

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MADANA GOPAN

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S/O.PARAMESWARAN KAMBAKKARAN, PARVATHY NILAYATHIL AROOR POST, PIN.688 534, CHERTHALA TALUK ALAPPUZHA DISTRICT.

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RAJEEV S/O.PRABHAKARAN, KANDATHIPARAMABIL, AROOR POST PIN.688 534, CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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SREEKUMAR S/O.PRABHAKARAN, KANDATHIPARAMABIL, AROOR POST PIN.688 534, CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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SREEJITH S/O.PRABHAKARAN, KANDATHIPARAMABIL, AROOR POST PIN.688 534, CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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SYAMAPRASAD, S/O. PRABHAKARAN, KANDATHIPARAMABIL, AROOR MURI & VILLAGE, AROOR POST, PIN 688 534,

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CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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BINU RAJ, S/O. C.K. RAJENDRAN, KAMBAKKARAN, AMBALAMADATHIL, AROOR MURI & VILLAGE, AROO POST, PIN 688 534 CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 3527/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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P1TRUE COPY OF THE JUDGMENT DATED 25.8.2011 IN O.S.NO.1109/2002 OF THE MUNSIFF'S COURT, CHERTHALA.

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P2TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 14.11.2011 IN A.S.NO.83/2011 BEFORE THE SUB COURT, CHERTHALA.

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P3TRUE COPY OF THE STAY PETITION DATED 26.11.2011 IN I.A.NO.1795/2011 IN A.S.NO.83/2011 BEFORE THE SUB COURT, CHERTHALA.

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P4TRUE COPY OF E.P.NO.226/2011 DATED 10.11.2011 IN O.S.NO.1109/2002 OF THE MUNSIFF'S COURT, CHERTHALA.

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P5TRUE COPY OF E.A.NO.179/2012 IN E.P.NO.226/2011 IN O.S.NO.1109/2002 OF THE MUNSIFF'S COURT, CHERTHALA.

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P6TRUE COPY OF THE PETITIONER'S OBJECTION IN E.A.NO.179/2012 IN E.P.NO.226/2011 IN O.S.NO.1109/2012 OF THE MUNSIFF'S COURT, CHERTHALA.

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P7TRUE COPY OF APPEAL MEMORANDUM DATED 4.10.2011 IN A.S.NO.66/2011 BEFORE THE SUB COURT, CHERTHALA.

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P8TRUE COPY OF THE ORDER DATED 10.10.2012 IN E.A.NO.179/2012 IN E.P.NO.226/2011 IN O.S.NO.1109/2002 OF THE MUNSIFF'S COURT, CHERTHALA.

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RESPONDENTS' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 3527 OF 2012

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Dated this the 29^th day of October, 2012

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JUDGMENT

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The only prayer urged at the time of hearing is for an early hearing of an application for stay filed accompanying an appeal suit arising out of a decree for injunction in regard to a private Trust. The petitioners/defendants 1 to 3 complain that the Advocate Commissioner has been directed by the execution court to enforce the decree even before the application for stay is disposed of. It is reported that the first respondent/plaintiff has also filed an appeal suit in A.S. No. 66/2011 on the file of the court of the Subordinate Judge of Cherthala to the extent that the decree is against him.

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I direct the court of the Subordinate Judge of Cherthala to dispose of I.A. No. 1795/2011 in A.S. No. 83/2011 on its file within a period of one month from the date of receipt of a copy of this judgment. I further direct that the order in E.A. No. 179/2012 in E.P. No. 226/2011 in O.S. No. 1109/2002 on the file of the court of the Additional Munsiff of Cherthala shall be given effect to dependent on the orders

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OP(C) No. 3527/2012

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passed in I.A. No. 1795/2011 in A.S. No. 83/2011 as directed above. Further proceedings for the conduct of the election by the Advocate Commissioner appointed by the execution court shall proceed dependent on the orders passed in the application for stay pending before the appellate court.

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The Original Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Aroor Puthuvaranad Devaswom Private Trust v. G.Satheesh

Case brief

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Aroor Puthuvaranad Devaswom Private Trust v. G.Satheesh

Case brief

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