The High Court of Kerala disposed of an appeal filed by defendants challenging an injunction order maintaining status quo in a mining dispute with excessive delay.
The appeal was disposed of by retaying the earlier court order and directing the registry to intimate the judgment to the Sub Court.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,
1944
FAO NO. 3 OF 2020
IA 1321/2019 IN OS 88/2019 OF III ADDITIONAL SUB COURT, KOZHIKODE
APPELLANTS/RESPONDENTS 2 & 3 IN IA/DEFENDANTS 2 & 3 IN
SUIT:
BY ADVS. SRI.V.V.ASOKAN (SR.) SRI.K.I.MAYANKUTTY MATHER SMT.SWATHI H.PRASAD
SMT.KALLIYANI KRISHNA B.
RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 4 TO 14 IN
IA/PLAINTIFFS & DEFENDANTS 1 & 4 TO 14 IN SUIT:
AGED 78 YEARS, S/O.VARODI PANNARAMBATH CHEERU AMMA, 'USHAS', P.O.EDAKKARA, EDAKKARA AMSOM AND DESOM, KOZHIKODE-679331.
FAO NO. 3 OF 2020
..2..
4 PADMANABHAN KIDAVU, AGED 69 YEARS, S/O.KYNOLIKKAL KUTTIYADIPURATH MADHAVAN NAIR, KOUSTHUBHAM, P.O.THALAKKULATHUR, VIA PURAKKATTIRI, THALAKKULATHUR AMSOM AND DESOM, KOZHIKODE TALUK-673303.
AGED 60 YEARS, S/O.KYNOLIKKAL KUTTIYADI PURATH DHAKSHAYANI AMMA, EDAKKARA AMSOM AND DESOM, THALAKKULATHUR.P.O., KOZHIKODE TALUK-679331.
6 K.P.RAJASEKHARAN, AGED 50 YEARS, S/O.VARODI PANNARAMBATH RUGMINI AMMA, MANAGING TRUSTEE, VIKAS FAMILY TRUST, REGISTRATION NO.39/2017, DOOR NO.8/160, SILK
AGED 47 YEARS, S/O.ABDUL KHADER, NALLALAM AMSOM AND DESOM, NALLALAM.P.O., KOZHIKODE-673027.
FAO NO. 3 OF 2020
..3..
FAO NO. 3 OF 2020
..4..
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..5..
FAO NO. 3 OF 2020
JUDGMENT
A. MUHAMED MUSTAQUE, J.
This appeal is filed at the instance of defendants 2 & 3 in OS No.88/2019 on the file
of the Sub Court, Kozhikode. They approached
this Court aggrieved by an order of injunction.
following order;
“Admit. Issue notice by speed post to respondents 7 to 18. Respondents 1 to 6 entered appearance though counsel. The parties are directed to maintain status quo as on the date of passing of the impugned order.
Call for the LCR.”
matter before the court below. Therefore,
notice to them is dispensed with. Though notices have been served on the respondents,
none of them have come forward to contest the matter.
FAO NO. 3 OF 2020
appeal. Having considered the facts and circumstances, we are of the view that retaining the order of this Court dated 08.01.2020 pending suit, the appeal can be disposed of.
The appeal is disposed of accordingly.
The Registry shall intimate this judgment to the Sub Court, Kozhikode.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
1 THE GENERAL MINING CORPORATION & ANR
A.MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
