The High Court of Kerala disposed of two original civil petitions by dismissing them as infructuous since the underlying original suit in the third instance court had been dismissed on merit earlier.
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 MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944
OP(C) NO. 3237 OF 2013
AGAINST THE ORDER IN CMA No.24/2013 OF II ADDITIONAL DISTRICT
COURT,THIRUVANANTHAPURAM
PETITIONERS:
1KERALA CULTURAL FORUM,
OPPOSITE TO MUSEUM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS GENERAL SECRETARY IN CHARGE
2M.H. JAYARAJAN
S/O. BENJAMIN MANAS, AGED 57 YEARS, GENERAL SECRETARY,
KERALA CULTURAL FORUM, OPPOSITE TO MUSEUM,
THIRUVANANTHAPURAM.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS:
1P. MANOHARAN
AGED 56 YEARS, SWAGATH, T.C. 9/105-2, SSK LANE, KOWDIAR,
THIRUVANANTHAPURAM - 695003.
2BREEZ M.S. RAJ,
AGED 40 YEARS, SUJAYAM, T.C 20/1440(1), KUNCHALUMOODU,
KARAMANA, THIRUVANANTHAPURAM - 695002.
3SHAJI WILSON,
AGED 40 YEARS, STAR HOUSE, PIRAYIL, PEYADU P.O.,
THIRUVANANTHAPURAM.
4JOHN MANOHAR,
AGED 42 YEARS, T.C 13/1924, BURMA ROAD JUNCTION,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695011.
5JOHN J. LATHEESH,
AGED 42 YEARS, BADHEL, T.C 11/1152(1), NANTHANCODE,
KOWDIAR P.O., THIRUVANANTHAPURAM - 695003.
6SUJITH THOMAS,
AGED 41 YEARS, T.C 11/920 (6), GIFT, NALANTHA, NANTHANCODE,
THIRUVANANTHAPURAM - 695003.
7MOHANAN,
AGED 45 YEARS, CASUAL LABOURER,
KERALA CULTURAL FORUM NEAR OPPOSITE TO MUSEUM,
THIRUVANANTHAPURAM -695033.
O.P(C).Nos.3237 and 4171 of 2013
2
8ROY B.JOHN,
AGED 43 YEARS, T.C. 23/971(1), NISAGANTHI,
THAMARAVELLI LANE, THYCAUD P.O.,
THIRUVANANTHAPURAM - 695014.
R1 TO R7 BY ADVS.SRI.GOVIND PADMANAABHAN
SRI.RAM MOHAN.G.
SRI.MANU V.
SRI.G.P.SHINOD
R8 BY ADVS. SRI.K.K.BALAKRISHNAN (KODIYURA)
SMT.M.SULAKHA
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14.12.2022, ALONG
WITH OP(CIVIL) 4171/2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
O.P(C).Nos.3237 and 4171 of 2013
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944
OP(C) NO. 4171 OF 2013
AGAINST THE ORDER IN CMA No.24/2013 OF II ADDITIONAL DISTRICT
COURT,THIRUVANANTHAPURAM
PETITIONERS:
1 KERALA CULTURAL FORUM, OPPOSITE TO MUSEUM, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY IN CHARGE.2 M.H.JAYARAJAN,S/O.BENJAMIN MANAS, AGED 57 YEARS,
GENERAL SECRETARY,KERALA CULTURAL FORUM,
OPPOSITE TO MUSEUM, THIRUVANANTHAPURAM.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS:
1 P.MANOHARAN, AGED 56 YEARS, SWAGATH, T.C. 9/105-2, SSK LANE, KOWDIAR, THIRUVANANTHAPURAM-695003.2BREEEZ M.S. RAJ,
AGED 40 YEARS,
SUJAYAM, T.C. 20/1440 (1), KUNCHALUMOODU, KARAMANA,
THIRUVANANTHAPURAM-695 002.
3 SHAJI WILSON, AGED 40 YEARS, STAR HOUSE, PIRAYIL, PEYADU P.O., THIRUVANANTHAPURAM.4 JOHN MANOHAR, AGED 42 YEARS, T.C. 13/1924, BURMA ROAD JUNCTION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.O.P(C).Nos.3237 and 4171 of 2013
4
5JOHN J LATHEESH,
AGED 42 YEARS,
BADHEL, T.C.11/1152(1) NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695003.
6SUJITH THOMAS,
AGED 41 YEARS,
T.C.11/920 (6), GIFT, NALANTHA, NANTHANCODE,
THIRUVANANTHAPURAM-695003.
7MOHANAN,
AGED 45 YEARS,
CASUAL LABOURER, KERALA CULTURAL FORUM NEAR OPPOSITE
TO MUSEUM, THIRUVANANTHAPURAM-695033.
8ROY B. JOHN,
AGED 43 YEARS,
T.C. 23/971(1), NISAGANTHI, THAMARAVELIL LANE,
THYCAUD P.O., THIRUVANANTHAPURAM-695014.
RI TO R7 BY ADVS.SRI.GOVIND PADMANAABHAN
SRI.RAM MOHAN.G
SRI.MANU V.
SRI.G.P.SHINOD
R8 BY ADVS. SRI.K.K.BALAKRISHNAN (KODIYURA)
SMT.M.SULAKHA
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14.12.2022, ALONG
WITH OP(CIVIL) 3237/2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(C).Nos.3237 and 4171 of 2013
5
JUDGMENT
Dated this the 14th day of December, 2022
A report was called for from 1st Additional Munsiff Court, Thiruvananthapuram regarding the status of O.S.No.59/2013 pending on it’s file. Information transpired to the Registry from that court was that O.S.No.59/2013 is already dismissed on merit on 14.09.2014. The impugned order was passed by Additional District Court-II, Thiruvananthapuram in two applications pending in CMA No.24/2013 as I.A.No.703/2013 and I.A.No.704/2013. The CMA was filed challenging an interim order passed in the Original Suit by 1st Additional Munsiff Court, Thiruvananthapuram.
In the result, Original Petitions stands dismissed as infructuous.
Sd/-
MARY JOSEPH
JUDGE
MJL
O.P(C).Nos.3237 and 4171 of 2013
6
APPENDIX OF OP(C) 3237/2013
PETITIONERS ’ EXHIBITS:
EXHIBIT P1TRUE COPY OF THE O.S 59/2013 BEFORE THE
ISTADDITIONALMUNSIFF’SCOURT,
THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20/02/2013 IN
I.A 416/2013 IN O.S 59/2013 BEFORE THE
ISTADDITIONALMUNSIFF’SCOURT,
THIRUVANANTHAPURAM.
EXHIBIT P3TRUE COPY OF THE APPEAL IN C.M.A 24/2013
BEFORE THE ADDITIONAL DISTRICT JUDGE'S
COURT -II, THIRUVANANTHAPURAM.
EXHIBIT P4TRUE COPY OF THE CROSS OBJECTION IN C.M.A
24/2013 BEFORE THE ADDITIONAL DISTRICT
JUDG'S COURT-II, THIRUVANANTHAPURAM.
EXHIBIT P5TRUE COPY OF THE ORDER DATED 05/04/2013 IN
I.A.NO.703/2013 IN C.M.A 24/2013 BEFORE
THE ADDITIONAL DISTRICT JUDGE'S COURT-II,
THIRUVANANTHAPURAM.
RESPONDENTS’ EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
O.P(C).Nos.3237 and 4171 of 2013
7
APPENDIX OF OP(C) 4171/2013
PETITIONERS’ EXHIBITS:
EXHIBIT P1TRUE COPY OF THE O.S 59/2013 BEFORE
THE 1ST ADDITIONAL MUNSIFF’S COURT,
THIRUVANANTHAPURAM.
EXHIBIT P2TRUE COPY OF THE ORDER DATED 20/2/2013 IN
I.A 416/2013 IN O.S NO.59/2013 BEFORE THE
1STADDITIONALMUNSIFF’SCOURT,
THIRUVANANTHAPURAM.
EXHIBIT P3TRUE COPY OF THE C.M.A 24/2013 BEFORE THE
ADDITIONAL DISTRICT JUDGE'S COURT-II,
THIRUVANANTHAPURAM.
EXHIBIT P4TRUE COPY OF THE CROSS OBJECTION IN C.M.A
24/2013 BEFORE THE ADDITIONAL DISTRICT
JUDGE'S COURT-II, THIRUVANANTHAPURAM.
EXHIBIT P5TRUE COPY OF THE ORDER DATED 5/4/2013 IN
I.A.NO.704/2013 IN C.M.A 24/2013 BEFORE
THE ADDITIONAL DISTRICT JUDGE'S COURT-II,
THIRUVANANTHAPURAM.
RESPONDENTS’ EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
2 issues framed by the court
Whether original civil petitions challenging interim orders are maintainable when the underlying original suit is dismissed on merit.
Whether original petitions become infructuous after the dismissal of the underlying suit in the lower court.
KERALA CULTURAL FORUM
M.H. JAYARAJAN
P. MANOHARAN
BREEEZ M.S. RAJ
SHAJI WILSON
JOHN MANOHAR
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court