Dismissed

E.K. Kunhiraman v. Dr.P.P.Bhaskaran

Kerala HC17 Aug 2016OP(C)/1757/2016

Case brief

AI extract

What is this about?

Petitioner filed a writ petition praying for directions to the lower court not to proceed with a pending case until disposal of specific applications supported by affidavits. The court held the petition infructuous as the lower court had already disposed of the mentioned applications on merit prior to the hearing.

What did the court decide?

Stay of proceedings in O.S. No. 6/2015 until disposal of IA petitions

E.K. Kunhiraman Vs Dr.P.P.Bhaskaran — 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 MR. JUSTICE K.RAMAKRISHNAN

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WEDNESDAY, THE 17TH DAY OF AUGUST 2016/26TH SRAVANA, 1938

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OP(C).No. 1757 of 2016 (O)

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I.A. NO.759/2016 IN O.S. NO.6/2015 OF SUB COURT, KANNUR.

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PETITIONER/PETITIONER/DEFENDANT NO.2:

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E. KUNHIRAMAN, S/O. KUNHARAN NAMBIAR, AGED 63 YEARS, RETIRED PROFESSOR, RESIDING AT EDAKKEPRATH HOUSE, KOOVOD DESOM (PO), KUTTIKOL, TALIPARAMBA TALUK, KANNUR (DIST), PIN-670 141.

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BY ADV. SRI.P.BABU.

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RESPONDENTS/RESPONDENTS/PLAINTIFF/DEFENDANTS:

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1. DR.P.P. BHASKARAN, S/O. KELAN, AGED 51 YEARS, FORMER PRINCIPAL, PARASSINIKADAVU AYURVEDA MEDICAL COLLEGE, PARASSINIKADAVU (PO), KANNUR DISTRICT.

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2. PAPPINISSERI PANCHAYATH VISHA CHIKILSA SOCIETY NO. 47/11973, P.O. PAPPINISSERI, REPRESENTED BY ITS FORMER PRESIDENT, M.V. GIRISH KUMAR, PARASSINIKADAVU AYURVEDA MEDICAL COLLEGE, PARASSINIKADAVU(PO), KANNUR DISTRICT-670 563.

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3. K.K. NANU, S/O. KUNHAMBU, AGED 75 YEARS, FORMER SECRETARY, PAPPINISSERI PANCHAYATH VISHA CHIKILSA SOCIETY, NO.47/1973, P.O. PAPPINISSERI, PARASSINIKADAVU AYURVEDA MEDICAL COLLEGE, PARASSINIKADAVU(PO), KANNUR DISTRICT-670 563.

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OP(C).No. 1757 of 2016 (O)

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4. PATTIAM RAJAN, S/O. KUNHAMBU, AGED 68 YEARS, PRESIDENT, PAPPINISSERI PANCHAYATH VISHA CHIKILSA SOCIETY, NO.47/1973, PATTIAM AMSOM, KOTTIODI DESOM, CHERUVACHERI (PO),THALASSERY TALUK, KANNUR DISTRICT-670 691.

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5. M.V. KANNAN, S/O. KUNHANKUTTY NAMBIAR, AGED 63 YEARS, NEAR EMS SMARAKA HIGHER SECONDARY SCHOOL, (PO) PAPPINISSERY, KANNUR DISTRICT, PIN-670 561.

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6. M.V. RAJESH, S/O. M.V. RAGHAVAN, AGED 43 YEARS, BURNASSERI, CONTONMENT, KANNUR DISTRICT, PIN-670 014.

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7. P.R. RAJAN KUTTY, AGED 58 YEARS, ADVOCATE, COURT ROAD,TALIPARAMBA, TALIPARAMBA, KANNUR DISTRICT.

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R1 BY ADV. SRI.GEORGE POONTHOTTAM. R6 BY ADV. SRI.P.SATHISAN. R7 BY ADV. SRI.V.T.MADHAVANUNNI.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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OP(C).No. 1757 of 2016 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1.	TRUE PHOTOCOPY OF THE PLAINT IN OS NO. 6/2015 ON THE
	FILE THE SUB COURT, KANNUR.

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EXT.P2.	TRUE PHOTOCOPY OF THE JUDGMENT IN OPC NO. 717/2016 ON THE FILE OF THIS HON'BLE COURT.
EXT.P3.	TRUE PHOTOCOPY OF THE ADDITIONAL WRITTEN STATEMENT FILED IN OS NO. 6/2015 ON THE FILE OF THE SUB COURT, KANNUR.
EXT.P4.	TRUE PHOTOCOPY OF THE AFFIDAVIT FILED IN SUPPORT OF IA NO. 744/2016 IN OS NO. 6/2015 ON THE FILE OF THE SUB COURT, KANNUR.
EXT.P5.	TRUE PHOTOCOPY OF THE AFFIDAVIT FILED IN SUPPORT OF IA NO. 759/2016 ON THE FILE OF THE SUB COURT, KANNUR.

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RESPONDENT'S EXHIBITS:-

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EXT.R1A COPY OF THE PROCEEDINGS OF THE SUB COURT, KANNUR.

//TRUE COPY//

P.S. TO JUDGE

rs.

K. RAMAKRISHNAN, J.

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O.P.(C)No.1757 of 2016

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....................................................... Dated this the 17^th day of August, 2016.

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JUDGMENT

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This petition was filed by the petitioner for issuing a direction to the court below not to proceed with the case OS.No.6/2015 pending before the Sub Court, Kannur till the disposal of Exts.P4 and P5 petitions filed under Article 227 of the Constitution of India.

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Learned counsel appearing for the first respondent submitted that those applications have already been disposed of by the court below. Further a report has been called for from the Sub Judge, Kannur and in the report dated 25.7.2016 it is stated that Exts.P4 and P5 namely IA.Nos.744/2016 and 759/2016 were already dismissed on merit on 20.7.2016 on which date that the present petition has been filed. So, the prayer in the petition has become infructuous. So the petition is dismissed as infructuous.

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Communicate a copy of this judgment to the court below at the earliest.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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E.K. Kunhiraman v. Dr.P.P.Bhaskaran

Case brief

What is this about?

What did the court decide?

E.K. Kunhiraman v. Dr.P.P.Bhaskaran

Case brief

What is this about?

What did the court decide?

What the court decided

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