The High Court of Kerala dismissed the present Civil Original Petition as infructuous. The prayer sought expedited disposal of an intervention application already disposed of by the Additional District Court. The registration report and counsel's submissions confirming the disposal rendered the petition futile.
None; the petition was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938 OP(C).No. 2303 of 2016 (O)
--------------------------EP 1/2010 IN OS NO.1/2016 of ADDL. DISTRICT COURT-I, KASARAGOD
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PETITIONER(S):
1. B.REGHUNATHA PAI, AGED 60 YEARS, S/O.LATE V.SARVOTHAM PAI, PORT CROSS ROAD, BANDAR, MANGALORE 4, MANGLORE VILLAGE.
2. B.NARASIMHA PAI, AGED 58 YEARS, S/O.LATE V.SARVOTHAM PAI, PORT CROSS ROAD, BANDAR, MANGALORE 4, MANGLORE VILLAGE.
3. B.VIKRAM PAI, AGED 37 YEARS, S/O.LATE V.SARVOTHAM PAI, PORT CROSS ROAD, BANDAR, MANGALORE 4, MANGLORE VILLAGE.
BY ADV. SRI.VARGHESE C.KURIAKOSE
RESPONDENT(S):
1. SMT.USHA PAI, AGED 54 YEARS, W/O.B.UMESH PAI,ANITHA DARSAN, PHC ROAD, KUMBLA, KOIPADY VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT 671 307.
2. M/S.MAHARASHTRA APEX CORPORATION LIMITED MANIPAL, REPRESENTED BY ITS GENERAL POWER OF ATTORNEY HOLDER, P.K.PREMAN, S/O.KRISHNAN, T.K., MANAGER, M/S.MAHARASHTRA APEX CORPORATION LIMITED, MANIPAL AT KASARAGOD BRANCH KASARAGOD KASBA VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT, 671 307.
R2 BY ADV. SRI.S.R.DAYANANDA PRABHU
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
K.RAMAKRISHNAN, J.
O.P. (Civil) No.2303 of 2016
Dated this the 25th day of October, 2016
JUDGMENT
The prayer in this petition was to direct the court below to pass orders for disposal of I.A.429/2016 in O.S.1/2016 on the file of Additional District Court, Kasaragod in an expeditious manner. A report received from the Registry over telephone shows that the court below had disposed of I.A.429/2016 on 24.10.2016. The counsel for both petitioner and the respondent also submitted that the prayer in the petition has become infructuous as court below had disposed of the application. So the above report as well as the submission is recorded and the petition is dismissed as infructuous.
Sd/- (K. Ramakrishnan, Judge)
//True Copy//
P.A. to Judge
ss
1 issue framed by the court
Whether the petition praying for expedient disposal of an application can be entertained when the application has already been disposed of by the lower court.
B. Reghunatha Pai and others
Smt. Usha Pai and Anr.
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
