Disposed

The South Kerala Diocese v. S R Biju

Kerala HC22 Apr 2016OP(C)/1167/2016

Case brief

AI extract

What is this about?

The High Court directed the interim stay granted on 15.4.2016 to remain in force till 26.4.2016, allowing the petitioner to file an appeal. The court observed that while respondents mentioned election proceeding, no pleadings were placed regarding the same.

What did the court decide?

Interim stay order dated 15.4.2016 extended in force till 26.4.2016 for the purpose of filing an appeal.

The South Kerala Diocese Vs S R Biju — Civil Procedure and Limitation | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 22ND DAY OF APRIL 2016/2ND VAISAKHA, 1938

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OP(C).No. 1167 of 2016 (O)

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PETITIONER(S):

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1. THE SOUTH KERALA DIOCESE(SKD) LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM 695 033

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REPRESENTED BY ITS SECRETARY D LAWRENCE,

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DIOCESE SECRETARY

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2. D LAWRENCE,

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SECRETARY,THE SOUTH KERALA DIOCESE (SKD) LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM 695 033

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3. REV T SELVARAJAN

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DIOCESE, VICE CHAIRMAN, LMS COMPOUND,PALAYAM,

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THIRUVANANTHAPURAM 695 033

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BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA

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RESPONDENT(S):

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1. S R BIJU

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S/O. SIVAN "BLESSING", MISSION HOUSE LANE, EZHAKODE, PRUKAVU P.O, THIRUVANANTHAPURAM 695 573

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2. Y SANTHOSH KUMAR

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S/O.P YESUDASAN,"NIRANJANANAN",

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PLAKALA, AYIRA P.O, PARASSALA 695 502

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R1-R2 BY ADV. SRI.M.R.RAJESH

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 1167 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------P1 TRUE COPY OF PLAINT IN OS 1675/15 P2 TRUE COPY OF IA 7072/15 P3 TRUE COPY OF THE OBJECTION IN IA 7072/15 RESPONDENT(S)' EXHIBITS -----------------------

NIL

/TRUE COPY/

PS TO JUDGE

ANU SIVARAMAN, J.

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O.P(C).No.1167 of 2016

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Dated this the 22^nd April, 2016

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JUDGMENT

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This original petition is filed with the following prayers:

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“ i) to direct the 1^st Addl. Munsiff's Court, Thiruvananthapuram to forthwith issue order dated 11.4.2016 allowing IA.7072/2015 in O.S.1675/15, on such terms.

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ii) to keep in abeyance the operation of order dated 11.4.16 allowing IA.7072/2015 in OS.1675/15, the files of Ist Addl. Munsiff's Court Thiruvananthapuram enabling the petitioner to challenge the same before the appellate court.”

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An interim order was rendered by this Court on admission keeping the order passed on 11.4.2016 in abeyance for a period of three weeks.

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Heard Sri.Suman Chakravarthy, learned counsel for the petitioner and Sri.M.R.Rajesh, learned counsel appearing for the respondent.

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It is submitted by the learned counsel appearing for the respondents that certified copy of the order has now been issued to parties and there is no necessity for continuing the interim order. Learned counsel for the respondents prays for vacating the interim

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OP(C).1167/16

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order. Though it is submitted by the learned counsel appearing for the respondents that proceedings in the election will be held on 24.4.2016 onwards, there is no pleadings placed before this Court in that regard.

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It is submitted by learned counsel for the petitioner that appeal will be filed within a period of three weeks granted by this Court as per order dated 15.4.2016.

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The original petition is disposed of directing that the interim stay granted on 15.4.2016 shall be in force till 26.4.2016. Appeal, if any, can be filed and moved by the petitioner by then.

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The original petition is ordered accordingly.

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ANU SIVARAMAN JUDGE

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vgs22/4

The South Kerala Diocese v. S R Biju

Case brief

What is this about?

What did the court decide?

The South Kerala Diocese v. S R Biju

Case brief

What is this about?

What did the court decide?

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