Petitioner, a non-party family member, sought direction to lower court to adjudicate an interim application regarding temple property renovation. Court directed lower court to dispose of the interim application without delay.
Direct lower court to dispose of Interlocutory Application No. 1705/2015 without delay.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937
OP(C).No. 2238 of 2015 (O)
(I.A.NO.1705/2015 IN O.S.NO.19/1962 OF PRINCIPAL SUB COURT, KOLLAM)
PETITIONER :
SUDHAKARAN, S/O.GOVINDAN,AGED 54 YEARS, OLLAL,CHAMPAKADA VEEDU, KOONAYIL CHERRI, PARAVUR, KOLLAM.
BY ADVS.SRI.PRATHEESH.P
SMT.S.SEETHA
RESPONDENT(S):
1. PAMPURAM SAHADEVAN, PRESIDENT, OLLAL MAHADEVA TEMPLE, PARAVUR,
2. ADV. B.SURESH,
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(C).No. 2238 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. COPY OF THE IA.NO.1705/2015 IN OS 19/1962 ON THE FILE OF PRL.SUB COURT, KOLLAM.
RESPONDENT(S)' EXHIBITS: ------------------------------------------
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.2238 of 2015
- - - - - - - - - - - - - - - - - - - - - - -
Dated this the 18th day of September, 2015
J U D G M E N T
The prayer in this O.P is to direct the court below to dispose of Ext.P1 IA filed by the petitioner and stay the renovation going on in the property involved in the suit.
The petitioner is not a party to the suit. He is only a member of the family to which the temple allegedly belongs. Whether he can maintain a petition is a question
to be decided by the lower court. So I am inclined to direct the lower court to dispose of Ext.P1 IA without delay.
In the result, this O.P is disposed of with a direction to the Sub Judge, Kollam to dispose of Ext.P1 IA without delay.
sd/- K. ABRAHAM MATHEW JUDGE
R.AV
//True Copy//
PA to Judge
2 issues framed by the court
Whether a non-party family member can maintain an application to direct the lower court to dispose of an interim injunction application.
Whether the High Court should direct the lower court to promptly determine an interim prayer regarding temple renovation.
SUDHAKARAN, S/O.GOVINDAN
PAMPURAM SAHADEVAN
ADV. B.SURESH
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
