Disposed

K.Jamaludheen v. the Calicut University, Central Co-Operative Stores

Kerala HC22 Oct 2018FAO/124/2018

Case brief

AI extract

What is this about?

This first appeal from a temporary injunction order was disposed of on the ground that the appellant received no final orders. The court directed the lower court to dispose of the underlying suit expeditiously within two months to redress the grievance.

What did the court decide?

Directed the Additional District Judge to dispose of the suit expeditiously within two months from the date of receiving a copy of the judgment.

K.Jamaludheen Vs the Calicut University… — Contract and Commercial Disputes | Kerala HC (2018)

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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 P.B.SURESH KUMAR

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MONDAY,THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940

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FAO.No. 124 of 2018

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[AGAINST THE ORDER DATED 13-04-2018 IN OS 4/2017 OF THE III ADDITIONAL DISTRICT COURT, MANJERI]

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APPELLANT/PETITIONER/PLAINTIFF :

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K.JAMALUDHEEN S/O. ALAVI MOULAVI(LATE) KOTTOLA (HOUSE), KADANNAMANNA (POST), MANAKADA,MALAPPURAM,PIN-679 324.

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BY ADVS

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SHRI.K.A.MANZOOR ALI K.A.,

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RESPONDENTS/PETITIONERS/PLAINTIFFS :

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1 THE CALICUT UNIVERSITY, CENTRAL CO-OPERATIVE STORES REP. BY ITS SECRETARY, CALICUT UNIVERSITY (P.O),PIN - 673 635.

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2 PROF (DR.) K. SIVARAJAN RAJ BHAVAN, JAWAHAR NAGAR, CALICUT - 673 017.

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3 PROF P.P. JOHN HOUSE NO.11M VIDYANAGAR COLONY, CHEVAYUR, CALICUT - 673 017.

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BY ADVS. SHRI.T.KRISHNANUNNI (SR.) SMT.MEENA.A. SHRI.VINOD RAVINDRANATH SMT. MINI M.R. SHRI. VINAY MATHEW JOSEPH SHRI. ASHWIN SATHYANATH SHRI. ROHIT NANDAKUMAR

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THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 22.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING

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F.A.O. No. 124 of 2018

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JUDGMENT

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The plaintiff in a suit under the Copy Right Act,1957 is the appellant in this appeal. The relief prayed for in the suit is a decree of permanent prohibitory injunction restraining the defendants from printing, selling and displaying for sale, books containing the contents of the book authored by the plaintiff, namely, “Effective Teaching of English”. Along with the suit, the plaintiff filed an interlocutory application seeking an order of temporary injunction on the aforesaid lines. Though the plaintiff was granted an ad-interim order of injunction in the said application, the same was later vacated after hearing the parties. It is the said order that is under challenge in this appeal.

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Heard the learned counsel for the appellant as also the learned counsel for the respondents.

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The materials on record indicate that the pleadings in the suit are complete. The impugned order is one passed by the court below on 13.4.2018. The appellant was not granted any interim order in this matter. As the impugned order was in force for quite some time, according to me, the grievance of the petitioner can be redressed by directing expeditious disposal of the suit.

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In the result, the appeal is disposed of directing the Additional District Judge-III, Manjeri to dispose of the suit, O.S. No. 4 of 2017 as

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F.A.O. No. 124 of 2018

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expeditiously as possible, at any rate, within two months from the date of

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receipt of a copy of the judgment.

Sd/-

P.B.SURESH KUMAR

JUDGE

PKK

K.Jamaludheen v. the Calicut University, Central Co-Operative Stores

Case brief

What is this about?

What did the court decide?

K.Jamaludheen v. the Calicut University, Central Co-Operative Stores

Case brief

What is this about?

What did the court decide?

What the court decided

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