Disposed

M/S. Group Mukkadan v. Zerita Ashlin Rocha

Kerala HC1 Feb 2018OP(C)/217/2018

Case brief

AI extract

What is this about?

High Court disposed of writ petition under Article 227 seeking directions to stay civil court proceedings. Court noted trial court reports addressed pending issues. Held no necessity to intervene as matters were pending below, effectively dismissing the petition by final disposal.

What did the court decide?

Petition finally disposed of; no specific relief of stay or direction granted by this court, as matters were pending below.

M/S. Group Mukkadan Vs Zerita Ashlin Rocha — Civil Procedure and Limitation | 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 ALEXANDER THOMAS

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THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939

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OP(C).No. 217 of 2018

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O.S.NO. 1291/2017 OF II ADDITIONAL MUNSIFF COURT, ERNAKULAM

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PETITIONER(S)/DEFENDANT 1 AND 2 :

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1 M/S. GROUP MUKKADAN, HAVING ITS PLACE OF BUSINESS, AT DOOR NO.32/1840, MAMMOTTIL COMPLEX, PADIVATTOM, EDAPPALLY PO, KOCHI.682 024, REP. BY ITS AUTHORIZED SIGNATORY MR.THOMAS CHACKO, AGED 42, S/O.K.C THOMAS, RESIDING AT KURISUMOOTTIL HOUSE, WARRIAM ROAD, KARITHALA DESOM, MG ROAD P.O, ERNAKULAM.682 016.

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2 THOMAS CHACKO, AGED 42, S/O.K.C.THOMAS, RESIDING AT KURISUMOOTTIL HOUSE, WARRIAM ROAD, KARITHALA DESOM, MG ROAD P.O, ERNAKULAM- 682 016.

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BY ADV.SRI.PRAVEEN K. JOY

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RESPONDENT(S)/PLAINTIFF 1 & 2:

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1. ZERITA ASHLIN ROCHA, AGED 32, D/O.ASHLEN ANTONY ROCHA, RESIDING AT 10/152 4E, INFRA VANTAGE, COCHIN SPECIAL ECONOMIC ZONE, CHITTETHUKARA, KAKKANAD-682 037.

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2. STELLA MARIE ASHLEN, AGED 54, W/O.ASHLEN ANTONY ROCHA, RESIDING AT HOUSE NO.19/89 C2, FLAT NO.1C, TULSI PLUSE SQUARE, PUTHUSSERY MUGAL, PUTHIYA ROAD, KANGARAPPADY, VADACODE PO.682 021.

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BY ADV.SRI.BABU KARUKAPADATH

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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OP(C).No. 217 of 2018 (O)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE INJUNCTION ORDER IN I.A 8119/2017 IN O.S 1291/2017 DATED 28.11.2017 OF MUNSIFF COURT, ERNAKULAM.
EXHIBIT P2	TRUE COPY OF THE SCHEDULE IN IA 8119/2017 IN OS.1290/2017 OF MUNSIFF COURT, ERNAKULAM.
EXHIBIT P3	TRUE COPY OF THE COUNTER AFFIDAVIT IN IA 8119/2017 IN OS 1291/2017 OF MUNSIFF COURT, ERNAKULAM.
EXHIBIT P4	TRUE COPY OF THE APPLICATION TO VACATE THE EX-PARTE INJUNCTION IN IA 8119/2017 IN OS 1291/2017 OF MUNSIFF COURT, ERNAKULAM DATED 30.11.2017.
EXHIBIT P5	TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 41895/2017.
EXHIBIT P6	TRUE COPY OF THE NOTICE DATED 16.12.2017 OF ASSISTANT ELECTRICAL ENGINEER KSEB.
EXHIBIT P7	TRUE COPY OF THE ORDER DATED 06.01.2018 OF ASSISTANT ELECTRICAL ENGINEER KSEB.
EXHIBIT P8	TRUE COPY OF THE SECOND COMMISSION APPLICATION AS IA 464/2018 IN OS NO.1291/2017, MUNSIFFS COURT, ERNAKULAM DATED 18.01.2018.
EXHIBIT P9	TRUE COPY OF THE COUNTER AFFIDAVIT IN IA 464/2018 IN OS NO.1291/2017 MUNSIFF'S COURT, ERNAKULAM.
EXHIBIT P10	TRUE COPY OF THE DIRECTION APPLICATION AS IA 382/2018 IN OS NO.1291/2017, MUNSIFF'S COURT, ERNAKULAM.
EXHIBIT P11	TRUE COPY OF THE PROSECUTION APPLICATION AS IA 383/2018 IN OS NO.1291/2017, MUNSIFFS COURT, ERNAKULAM.
EXHIBIT P12	TRUE COPY OF THE COUNTER AFFIDAVIT IN I.A 382/2018 IN OS 1291/2017.
EXHIBIT P13	THE TRUE COPY OF THE CARBON COPY OF APPLICATION IN IA 531/2018 IN OS 1291/2017 OF MUNSIFF COURT, ERNAKULAM.
EXHIBIT P14	TRUE COPY OF THE COMMISSION REPORT IN OS 1291/2017.
EXHIBIT P15	TRUE COPY OF THE IA 617/2018 IN OS 1291/2017 OF MUNSIFF COURT, ERNAKULAM DATED 19.01.2018.
RESPONDENT(S)'	EXHIBITS : NIL

//TRUE COPY//

Msd.

P.S.TO JUDGE

ALEXANDER THOMAS, J.

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O.P.(C) No.217 of 2018

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Dated this the 1^st day of February, 2018

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JUDGMENT

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The prayers in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India are as follows :

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“(i) Issue direction to the Munsiff Court, Ernakulam to keep in abeyance the entire further proceedings under OS 1291/2017 before Munsiff Court, Ernakulam, till the Ext.P15 application for setting aside the commission report is considered and disposed of on merits, in the interest of justice.

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(ii) To issue appropriate direction to Munsiff Court, Ernakulam not to take up IA 382/2018, because of Ext.P6 and P7 orders issued by Electricity Board and since the matter is beyond the jurisdiction of Civil Court, in the interest of justice

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(iii) To issue direction to Munsiff Court, Ernakulam to consider Ext.P4 application for vacating the ex-parte injunction order and pass orders within a time limit and also to keep in abeyance the further proceedings in the other petitions till then, in the interest of justice

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(iv) To issue direction to Munsiff Court, Ernakulam to issue carbon copy of order in IA 531/2018 in OS 1291/2017 within a time limit and also to keep in abeyance the further proceedings in the other petitions and suit, for reasonable period, in the interest of justice.

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(v) To declare that there is bar for civil court to issue direction to electricity board and there is bar under section 17 of the Building Lease and Rent Control Act, for considering Ext.P12

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: :2::

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O.P.(C) No.217/18

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petition, in the interest of justice.

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(vi) Grant such other and further reliefs as may be prayed for hereafter and deemed fit and proper by this Honourable court, to stay all further proceedings in OS 1291/2017 of Munsiff Court, Ernakulam, in the interest of justice.”

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Heard Sri.Praveen.K.Joy, learned counsel appearing for the petitioners/defendants and Sri.Babu Karukappadath, learned counsel appearing for the respondents/plaintiffs.

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This Court while considering this Original Petition (Civil)

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earlier had passed order dated 25.1.2018, which reads as follows :

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“Issue notice before admission which shall be served by the petitioner on respondent Nos.1 and 2 through the Advocate appearing for those parties in O.S.No.1291/2017 pending on the file of 2^nd Additional Munsiff's Court, Ernakulam and file memo evidencing such service of notice.

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2. Registry will call for a report from the 2^nd Additional Munsiff's Court, Ernakulam, who is dealing with O.S.No.1291/2017 on the following aspects :

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a. The present stage of the suit.

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b. Whether Ext.P4 application to vacate the interim injunction order granted as per Ext.P1 dated 28.11.2017 on I.A.No.8119/2017 has been heard and disposed of and that if the matter has been heard and not so far disposed of, the trial court shall furnish the reasons for not passing orders so far on Ext.P4 application.

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c. Whether the petitioner has filed Exhibit-P13 application (I.A.No.531 of 2018) for grant of carbon copy of order dated 18.1.2018 rendered on Exhibit-P8 I.A.No.464/2018 and the reasons for not granting the said carbon copy, if the application is in order. If the application is in order and the carbon copy has not so far been granted, the same will be granted within two days.

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d. Whether the petitioner has filed Ext.P15 application dated 22.1.2018, I.A.No.617/2018 praying to set aside Ext.P14 Commission Report dated 22.1.2018 and whether the said application is pending and if so, the minimum time required for passing orders thereon, after hearing both sides.

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3. The report in this regard should be submitted by the trial court concerned within three days by E-mail and Fax.

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4. Pending consideration of the prayers in the O.P.(C), it is ordered in the interest of justice that all further proceedings in

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: :3::

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O.P.(C) No.217/18

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O.S.129/2017 on the files of the Second Additional Munsiff's Court, Ernakulam, shall stand deferred. This interim order will be in force for a period of one week.”

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Now in pursuance of the abovesaid order passed by this

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Court, the trial court concerned (Court of the 2^nd Additional Munsiff, Ernakulam) has furnished report dated 30.1.2017. As regards point No.c mentioned above, the report states that the carbon copy application filed by the Advocate of the petitioners has been granted on 27.1.2018, etc. This aspect is confirmed as correct by the learned counsel appearing for the petitioners. Therefore, if the petitioners have any grievance in relation to the said order dated 18.1.2018 rendered on Exhibit-P8 I.A., it is for him to work out his remedies in accordance with law. As regards point No.b above, it is stated in the report that an order of ad-interim ex-parte injunction was passed, as per the order dated 25.11.2017, on I.A.No.8119 of 2017 to restrain the respondents therein (defendants) from evicting the petitioners therein (plaintiffs) from the plaint schedule property forcefully. That I.A.No.8119 of 2017 was finally heard on 1.1.2018 and posted for orders to 8.1.2018 and as the said court was also having additional charge of another court, the order could not be passed on that day and that the case is now posted to 15.2.2018. Accordingly, it is ordered that the trial court will ensure that orders are passed on the abovesaid matter without any further delay, preferably within a period of one week from the date of receipt of a copy of this judgment.

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: :4::

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O.P.(C) No.217/18

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It is submitted by Sri.Babu Karukappadath, learned counsel appearing for the petitioners, that Exhibit-P4 application to vacate the interim injunction order as well as I.A.No.8119 of 2017 on which ExhibitP1 ad-interim ex-parte injunction order was granted, have been heard together and that this Court may direct that a common order may be rendered by the trial court while disposing of I.A.No.8119 of 2017 (on which Exhibit-P1 ad-interim ex-parte injunction was earlier granted) as well as Exhibit-P4 application to vacate Exhibit-P1 ad-interim injunction order dated 28.11.2017, may be disposed of together so as to issue a common order. If that be so, it will be open to the trial court to pass such common order on those two applications.

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As regards point No.d above, it is stated in the report that the defendant had filed Exhibit-P15 I.A.No.617 of 2018 to set aside Exhibit-P14 commission report and the same is pending and that the said application could be disposed of within two days after hearing both sides. Accordingly, it is ordered that the court below will ensure that necessary orders are passed on Exhibit-P15 application without much delay and after hearing both sides and attempt may be made to ensure that orders are passed disposing of that I.A. within one week from the date of receipt of a copy of this order.

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Prayer Nos.ii and v of this O.P.(C) are as follows :

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“ (ii) To issue appropriate direction to Munsiff Court, Ernakulam not to take up IA 382/2018, because of Ext.P6 and

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: :5::

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O.P.(C) No.217/18

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P7 orders issued by Electricity Board and since the matter is beyond the jurisdiction of Civil Court, in the interest of justice.

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(v) To declare that there is bar for civil court to issue direction to electricity board and there is bar under section 17 of the Building Lease and Rent Control Act, for considering Ext.P12 petition, in the interest of justice. ”

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Since the matter is pending before the trial court, there is no necessity for this Court to get into any of the matters concerned with the abovesaid prayers and it is for the petitioners to raise such contentions,

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if any, before the trial court in an appropriate manner and it is for the said court to deal with those aspects.

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With these observations and directions, the above Original Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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csl

M/S. Group Mukkadan v. Zerita Ashlin Rocha

Case brief

What is this about?

What did the court decide?

M/S. Group Mukkadan v. Zerita Ashlin Rocha

Case brief

What is this about?

What did the court decide?

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