Dismissed

Subhash Vasu v. Sree Gurudeva Charitable and Educational Trust

Kerala HC18 Jul 2022FAO/87/2022

Case brief

AI extract

What is this about?

The single judge dismissed an appeal against a first appellate court order that granted a temporary injunction, noting the error of adjudicating the prayer after the trial court rejected it on merits. The appeal was dismissed but the judge directed the first appellate court to dispose of the CMA within three weeks.

What did the court decide?

Appeal dismissed with direction to first appellate court to dispose of CMA within three weeks.

Subhash Vasu Vs Sree Gurudeva Charitable and… — Civil Procedure and Limitation | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

MONDAY, THE 18TH DAY OF JULY 2022 / 27TH ASHADHA, 1944

¶5

FAO NO. 87 OF 2022

¶6

AGAINST THE ORDER DATED 18/06/2022 IN IA 1/2022 IN OS 59/2022 OF
MUNSIFF COURT,KAYAMKULAM

¶7

AGAINST THE ORDER IA 2/2022 IN CMA 22/2022 OF ADDITIONAL DISTRICT
COURT-I,MAVELIKKARA

¶8

APPELLANT/CR.PETITIONER/RESPONDENT:

¶9

SUBHASH VASU, AGED 60 YEARS,
SON OF VASU RESIDING AT PUTHEN VEETTIL HOUSE, SOUTH
MANKUZHI, BHARANIKAVU VILLAGE PULLIKKANAKKU P.O.,
KAYAMKULAM-690 502

¶10

BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR

¶11

RESPONDENTS/PETITIONERS/APPELLANTS

¶12

1 SREE GURUDEVA CHARITABLE AND EDUCATIONAL TRUST HAVING REGISTERED OFFICE AT KATTACHIRA, PALLICKAL P.O., KAYAMKULAM, REPRESENTED THROUGH ITS GENERAL SECRETARY IN CHARGE VELANCHIRA SUKUMARAN, S/O.KOCHUMMINI, AGED 71 YEARS, RESIDING AT LEKSHMI PRIYA, PUTHIYAVILA MURI, KANDALLOOR VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA-690 531.

¶13

2 A.M.GOPALAN @ GOKULAM GOPALAN, CHAIRMAN, SREE GURUDEVA CHARITABLE AND EDUCATIONAL TRUST,AGED 77 YEARS, RESIDING AT GOKULAM VILLA, PALOLIPPALAM, PUTHUPPANAM, NADAKKUTHAZHA, CALICUT, KERALA, PIN-673 105.

¶14

R1 BY ADV.K.B.PRADEEP
R2 BY ADV.C.UNNIKRISHNAN (KOLLAM)

¶15

THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON
18.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

FAO NO. 87 OF 2022

¶17

¶18

JUDGMENT

¶19

Against the order in I.A.No.2 of 2022 in
C.M.A.No.22 of 2022 of the Additional District
Judge-I, Mavelikara, the defendant, who is the sole
respondent in the interim injunction application,
came up in appeal.

¶20

The interim injunction sought by the plaintiffs
in the trial court was dismissed after discussing the
merits and demerits, against which CMA was prepared
before the first appellate court, wherein another
interlocutory application was filed for getting the
very same relief of temporary injunction. It was
granted by the first appellate court, overlooking the
fact that the trial court has already rejected the
application on its merits and demerits. Instead of
hearing the CMA, the first appellate court ventured
to go into the question of grant of interlocutory
application till the disposal of CMA. In fact, the
first appellate court has to hear the CMA itself when
both the parties entered appearance. It is submitted

¶21

FAO NO. 87 OF 2022

¶22

¶23

across the Bar that a direction may be issued to the
first appellate court to take up the CMA and to
dispose of the same on merits within a time schedule
of three weeks from today. As such, without further
going into the merits and demerits, the appeal is
hereby dismissed with the above said directions.

¶24

Sd/-

¶25

P.SOMARAJAN JUDGE

¶26

msp

Subhash Vasu v. Sree Gurudeva Charitable and Educational Trust

Case brief

What is this about?

What did the court decide?

Subhash Vasu v. Sree Gurudeva Charitable and Educational Trust

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepa K.Kartha Vs Thulasilekshmi Ammal

Thulasilekshmi Ammal Vs Deepa.K Kartha

E.v.Sasidharan Vs E.v.Harihar

Sheeja Vs K.Gopalakrishna Pillai

Rajendran Pillai Vs K.Gopalakrishna Pillai

Moosa Vs Veeran Haji