High Court of Kerala tribunal dismissed an original petition (O.P.) on the ground of infirmity as infructuous, without substantive discussion on legal principles.
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 SATHISH NINAN
TUESDAY, THE 15TH DAY OF JANUARY 2019/25TH POUSHA, 1940
O.P.(C)No.3383 of 2018
(AGAINST THE ORDER/JUDGMENT IN O.S.No.196/1997 OF SUB COURT, PATHANAMTHITTA)
PETITIONERS/PETITIONER 1 & 3/PLAINTIFFS 1 & 3:
1 GANDHI DHARMA PARIPALANA SANGHAM, MANNADI.P.O., Q-416/80, KADAMBANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS PRESIDENT, M.P.SURENDRAN.
2 GANDHI DHARMA PARIPALANA SANGHAM, MANNADI.P.O., Q-416/80, KADAMBANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS PRESIDENT, M.P.SURENDRAN, AGED 70 YEARS, S/O.PARAMU, MANIYATTUMKUZHIYIL VEEDU, THUVAYOOR THEKKU MURI, KADAMBANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH
RESPONDENTS/RESPONDENTS 1 TO 15 & PETITIONERS/PLAINTIFFS 2, 4 & 7:
1 B.B.PANDARATHIL (DIED), THAMARASSERIL NAMBI MADATHIL, ERATHU KULAKADA MURI, KALAYAPURAM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT-691 560.
2 KESAVAN GANGADHARAN, AGED 80 YEARS, PUTHEN PURAYIL VEEDU, KALLUMTHAZHAM MURI, KILIKOLLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT-691 004.
2
O.P.(C)No.3383 of 2018
7 SATHEESH KUMAR PANDARATHIL, AGED 58 YEARS, B/O.RAMESH KUMAR PANDARATHIL, THAMARASSERIL NAMBI MADATHIL, ERATHU KULAKADA MURI, KALAYAPURAM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT-691 560.
8 SHYLAJA KUMARI, AGED 62 YEARS, SIS./O.RAMESH KUMAR PANDARATHIL, THAMARASSERIL NAMBI MADATHIL, ERATHU KULAKADA MURI, KALAYAPURAM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT-691 560.
O.P.(C)No.3383 of 2018
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17 GANDHI DHARMA PARIPALANA SANGHAM, MANNADI.P.O., Q-416/80, KADAMBANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS TREASURER, N.KUMARAN VAIDYAN, AGED 80 YEARS, CHARUVILA PUTHEN VEEDU, MANAMPUZHA MURI, KUNNATHOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-690 540.
18 GANDHI DHARMA PARIPALANA SANGHAM, MANNADI P.O., Q-416/80, KADAMBANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS VICE-PRESIDENT, LEKSHMI SUSEELA, AGED 56 YEARS, CHELAKKATTU VEEDU, MANNADI NADUVILE MURI, KADAMBANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-691 553.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(C)No.3383 of 2018
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JUDGMENT
Recording the submission of the learned counsel for the petitioner, the O.P is dismissed as infructuous.
Sd/-
SATHISH NINAN
JUDGE
ss
O.P.(C)No.3383 of 2018
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APPENDIX OF OP(C) 3383/2018
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE AMENDED PLAINT IN O.S.NO.196/1997 ON THE FILES OF LEARNED SUB COURT, PATHANAMTHITTA. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE ORDER VIDE NO.IGR/677/2017-L3 DATED 15.3.2017 OF DEPUTY INSPECTOR GENERAL (LICENSING), REGISTRATION DEPARTMENT, STATE OF KERALA. |
| EXHIBIT P3 | THE TRUE COPY OF THE I.A.NO.34/2018 IN EXT.P1 SUIT SEEKING TO IMPLEAD ADDITIONAL DEFENDANTS 16 TO 20. |
| EXHIBIT P4 | THE TRUE COPY OF THE ORDER DATED 6.10.2018 IN EXT.P7 REVIEW PETITION BY LEARNED SUB COURT, PATHANAMTHITTA. |
| EXHIBIT P5 | THE TRUE COPY OF JUDGMENT DATED 5.11.2018 IN OP(C)NO.2875/2018 OF THIS HON'BLE COURT. |
| EXHIBIT P6 | THE TRUE COPY OF THE I.A.NO.682/2018 IN EXT. P1 SUIT SEEKING TO ALLOW FURTHER EXAMINATION OF PW1. |
| EXHIBIT P7 | THE TRUE COPY OF THE I.A.NO.683/2018 IN EXT.P1 SUIT SEEKING TO ALLOW FURTHER EXAMINATION OF ADDITIONAL WITNESSES. |
| EXHIBIT P8 | THE TRUE COPY OF THE I.A.NO.690/2018 IN EXT.P1 SUIT SEEKING TO ORDER ISSUANCE OF SUMMONS TO ADDITIONAL WITNESSES. |
| EXHIBIT P9 | THE TRUE COPY OF THE OBJECTION FILED BY RESPONDENTS 5, 13, 14 & 15. |
| EXHIBIT P10 | THE TRUE COPY OF THE DAILY STATUS OF |
| O.S.196/1997 OF SUB COURT, PATHANAMTHITTA | |
| ON 14.12.2018, 5.12.2018 AND 17.12.2018. |
O.P.(C)No.3383 of 2018
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GANDHI DHARMA PARIPALANA SANGHAM REPRESENTED BY M. SURENDRAN
M. SURENDRAN AED 70 YEARS
B. B. PANDARATHIL
KESAVAN GANGADHARAN
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
