Dismissed
Karbala Trust v. Kaikkara Shamsudheen
Kerala HCOP(C)/1128/2015
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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 B.KEMAL PASHA
THURSDAY, THE 16TH DAY OF FEBRUARY 2017/27TH MAGHA, 1938
OP(C).No. 1128 of 2015 (O)
I.A.NO. 858/2015 IN O.S.NO. 435/1990 OF ADDITIONAL DISTRICT & SESSIONS COURT-IV (VACATION JUDGE), KOLLAM
PETITIONER(S)/PETITIONER :
KARBALA TRUST, REPRESENTED BY ITS PRESIDENT, KARBALA TRUST COMPOUND, KOLLAM.
BY ADVS. SRI.R.KRISHNA RAJ SRI.BIJITH S.KHAN
RESPONDENT(S)/PETITIONER :
KAIKKARA SHAMSDUHEEN, KAIKKARA HOUSE, JOURNALIST COLONY, KADAPPAKADA, KOLLAM-691 001.
BY DR.K.P.SATHEESAN (SENIOR ADVOCATE) ADV. SRI.ANOOP.V.NAIR ADV. SRI. V.RAMKUMAR NAMBIAR(ADVOCATE COMMISSIONER)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP(C).No. 1128 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT-P1: COPY OF THE SCHEME OF THE TRUST DATED 27.03.2014.
EXHIBIT-P2: COPY OF THE ELECTION SCHEDULE DATED 05.01.2015.
EXHIBIT-P3: COPY OF THE ELECTION NOTIFICATION DATED 04.04.2015.
EXHIBIT-P5: COPY OF THE JUDGMENT IN O.P.NO.980/2015 DATED 10.04.2015.
EXHIBIT-P6: COPY OF I.A.NO. 672/2015 DATED 13.04.2015.
EXHIBIT-P8: COPY OF THE ORDER IN I.A.NO. 672/2015 DATED 24.04.2015.
EXHIBIT-P9: COPY OF THE JUDGMENT IN O.P.NO. 1110/2015 DATED 24.04.2015.
EXHIBIT-P11: COPY OF THE OBJECTION OF THE PETITIONER DATED 27.04.2015.
EXHIBIT-P12: COPY OF THE ORDER IN I.A.NO. 858/2015 DATED 28.04.2015.
EXHIBIT-P13: COPY OF THE MINUTES OF THE BOARD MEETING DATED 28.04.2015.
EXHIBIT-P15: COPY OF THE APPLICATION DATED 20.08.1997.
EXHIBIT-P16: COPY OF THE PAYMENT RECEIPT DATED 19.08.1997.
EXHIBIT-P17: COPY OF THE CERTIFICATE OF THE TRUST DATED 19.01.1997.
EXHIBIT-P18: COPY OF THE ORDER OF THE GOVERNMENT DATED 28.01.2015.
EXHIBIT-P19: COPY OF THE LETTER OF THE TRUST DATED 17.07.1986.
EXHIBIT-P20: COPY OF THE LETTER OF THE JAMAAT PRESIDENT DATED 02.12.2015.
EXHIBIT-P21: COPY OF THE PAYMENT RECEIPT DATED 23.08.1997.
EXHIBIT-P22: COPY OF THE CERTIFICATE OF THE TRUST DATED 03.09.1997.
OP(C).No. 1128 of 2015 (O)
EXHIBIT-P23: COPY OF THE LETTER OF THE TRUST DATED 12.02.1999.
EXHIBIT-P24: COPY OF THE RESOLUTION OF THE TRUST DATED 27.02.2000.
EXHIBIT-P25: COPY OF THE LETTER OF THE TRUST PRESIDENT DATED 07.12.2015.
EXHIBIT-P26: LEASE DEED DATED 04.09.2013.
EXHIBIT-P27: COPY OF THE BUDGET DATED NIL.
RESPONDENT(S)' EXHIBITS & ANNEXURES :
EXHIBIT R1(A): TRUE COPY OF THE I.A.NO. 689/2015 FILED BY THE RESPONDENT BEFORE THE VACATION COURT, KOLLAM DATED 16.04.2015. EXHIBIT R1(B): TRUE COPY OF THE I.A.NO. 672/2015 IN O.S.NO. 435/1990 FILED BY THE PETITIONER. EXHIBIT R1(C): TRUE COPY OF THE OBJECTION FILED BY RETURNING OFFICER AYOOBKHAN DATED 04.05.2015.
ANNEXURE R1(A): TRUE COPY OF THE NOTIFICATION ISSUED BY THE ADVOCATE COMMISSIONER IN MALAYALA MANORAMA DAILY DATED 29.10.2016.
ADVOCATE COMMISSIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF THE REPORT OF THE RETURNING OFFICER DATED 27.01.2017. ANNEXURE A2: TRUE COPY OF THE INCOME AND EXPENDITURE STATEMENT DATED 28.01.2017 BY THE RETURNING OFFICER.
ANNEXURE A3: TRUE COPY OF THE STATEMENT OF ELECTION EXPENDITURE SUBMITTED BY THE COUNSEL FOR THE PETITIONER DATED 30.01.207. //TRUE COPY//
P.S.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
................................................................ O.P.(C) No. 1128 of 2015
............................................................... Dated this the 16th day of February, 2017
J U D G M E N T
The memo filed by the learned Advocate Commissioner Sri. Ramkumar Nambiar, appointed by this Court, is hereby recorded. All the payments made by the learned Advocate Commissioner have been approved. The balance outstanding in the account appears to be ₹28,530/-.
O.P.(C) No. 1128 of 2015
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appreciation to the learned Senior Counsel Dr. K.P. Satheesan and the learned counsel Sri. R. Krishna Raj, who also fully cooperated with the learned Advocate Commissioner, to achieve the result.
O.P.(C) No. 1128 of 2015
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In the result, this Original Petition is disposed of as above. Serve a copy of this judgment to the learned Advocate Commissioner.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
// true copy //
P.S. to Judge.
KARBALA TRUST
KAIKKARA SHAMSDUHEEN
B. KEMAL PASHA
As recorded by the court registry
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