Original petitions challenged refusal of stay in appeals against interim injunction orders under Order XXXIX Rule 1 CPC, pending since 2015. The High Court disposed of the petitions by directing the Sub Judge, Thiruvalla to decide CMA Nos. 1/2015 and 2/2015 on merits after hearing both sides.
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 DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
OP(C) NO. 1062 OF 2015
ORDER DATED 04.03.2015 IN IA 66/15 IN CMA NO.2 OF 2015 OF SUB COURT, THIRUVALLA
PETITIONER:
JESSY MATHAI, W/O K.Y MATHAI, KOTTUVILAYIL HOUSE, ERAMATHOOR MURI, THRIPPERUMTHURA VILLAGE, MAVELIKKARA.
BY ADVS.SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS
RESPONDENTS:
BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN, SMT.M.SHAJNA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, ALONG WITH OP(C).1055/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).Nos. 1062 & 1055 of 2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
OP(C) NO. 1055 OF 2015
ORDER DATED 4.3.15 IN IA 8/15 IN CMA NO.1 OF 2015 OF SUB COURT, THIRUVALLA
PETITIONER:
JESSY MATHAI,W/O. K.Y. MATHAI, KOTTUVILAYIL HOUSE, ERAMATHOOR MURI, THRIPPERUMTHURA VILLAGE, MAVELIKKARA.
BY ADVS.SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS
RESPONDENTS:
2 SYAMKRISHNAN, S/O. BALAKRISHNA PILLAI, AMBADI, NEDUPURAM.P.O., NEDUMPURAM VILLAGE, THIRUVALLA TALUK.
BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN, SMT.M.SHAJNA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, ALONG WITH OP(C).1062/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).Nos. 1062 & 1055 of 2015
-:3:-
J U D G M E N T
Dated this the 4th day of April, 2024
These original petitions have been filed challenging the order refusing to grant stay in an appeal filed challenging two orders passed under Order XXXIX Rule 1 of the Code of Civil Procedure.
heard both sides, I am of the view that these original petitions can be disposed of with a direction to the learned Sub Judge, Thiruvalla to dispose of CMA Nos. 1/2015 and 2/2015. The learned Sub Judge shall dispose of the CMAs itself, in accordance with law, after hearing both sides, untrammeled by any observations made in Ext.P6.
These original petitions are disposed of.
Sd/- DR. KAUSER EDAPPAGATH
JUDGE
kp
O.P.(C).Nos. 1062 & 1055 of 2015
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APPENDIX OF OP(C) 1055/2015
PETITIONER EXHIBITS
EXT.P1. COPY OF THE COMMON ORDER DATED 26-11-2014 IN I.A. NOS. 2900/14 IN O.S. NO. 582/14 AND I.A. NO. 2933/14 IN O.S. NO. 588/14 OF THE MUNSIFF COURT, THIRUVALLA. EXT.P2. COPY OF THE C.M.A. NO. 1/2015. EXT.P2A. COPY OF THE C.M.A. NO. 2/2015. EXT.P3. COPY OF I.A. NO. 8/15 FILED IN C.M.A. NO. 1/2015. EXT.P3A COPY OF THE I.A. NO. 66/2015 IN C.M.A. 2/2015. EXT.P4. COPY OF THE COMMISSION REPORT FILED BY THE COMMISSIONER.
EXT.P5. COPY OF THE SALE DEED NO. 457/2014.
EXT.P6. COPY OF THE COMMON ORDER DATED 4-3-2015 IN I.A. NO. 8/2015 IN C.M.A. NO.1/2015 AND I.A. NO. 66/2015 IN C.M.A. NO.2/2015.
EXT.P7. COPY OF A PHOTOGRAPH.
O.P.(C).Nos. 1062 & 1055 of 2015
-:5:-
APPENDIX OF OP(C) 1062/2015
PETITIONER EXHIBITS
EXT.P1. COPY OF THE COMMON ORDER DATED 26-11-2014 IN I.A. NOS. 2900/14 IN O.S. NO. 582/14 AND I.A. NO. 2933/14 IN O.S. NO. 588/14 OF THE MUNSIFF COURT, THIRUVALLA. EXT.P2. COPY OF THE C.M.A. NO. 1/2015. EXT.P2A. COPY OF THE C.M.A. NO. 2/2015. EXT.P3. COPY OF I.A. NO. 8/15 FILED IN C.M.A. NO. 1/2015. EXT.P3A COPY OF THE I.A. NO. 66/2015 IN C.M.A. 2/2015. EXT.P4. COPY OF THE COMMISSION REPORT FILED BY THE COMMISSIONER.
EXT.P5. COPY OF THE SALE DEED NO. 457/2014.
EXT.P6. COPY OF THE COMMON ORDER DATED 4-3-2015 IN I.A. NO. 8/2015 IN C.M.A. NO.1/2015 AND I.A. NO. 66/2015 IN C.M.A. NO.2/2015.
EXT.P7. COPY OF A PHOTOGRAPH.
1 issue framed by the court
Should the Sub Judge, Thiruvalla be directed to dispose of CMA Nos. 1/2015 and 2/2015 challenging interim injunction orders?
1 provisions across 1 enactments
Jessy Mathai
Girija Devi
Syamkrishnan
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
