K.V.V.E.S Valappu Unit v. D.J.Jolly
Case brief
What is this about?
This writ petition challenged the non-speaking intervention order granted to the plaintiff without hearing the defendants. The High Court of Kerala allowed the petition, setting aside the trial court's order.
What did the court decide?
The order in I.A.No.4 of 2022 dated 13.04.2023 is set aside, and the trial court is directed to dispose of the application within two months after hearing both sides.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946 OP(C) NO. 1510 OF 2023
I.A.NO.4/2022 IN OS NO.246 OF 2022 OF MUNSIFF COURT , KOCHI PETITIONERS/DEFENDANTS NOS.1 AND 2:
1 K.V.V.E.S VALAPPU UNIT AGED 61 YEARS KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, VYAPARA BHAVAN, OCHAMTHURUTH.PO, VYPPIN, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK, ERNAKULAM. REPRESENTED BY ITS PRESIDENT, PIN - 682508
2 K.P.SANILKUMAR AGED 61 YEARS S/O.PAVITHRAN, KOZHIKKAPARAMBIL HOUSE, OCHAMTHURUTH.PO, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK, ERNAKULAM, PIN - 682508
BY ADVS. S.SUNIL KUMAR (PALAKKAD) T.X.SHAM JOSEPH LEKSHMI S.SEKHER K.J.SUNIL N.P.RUKSANA
RESPONDENTS/PLAINTIFF AND RESPONDENT NO.3:
1 D.J.JOLLY AGED 58 YEARS S/O.D.V.JOSEPH, DEVASSAIAN PARAMBIL HOUSE, SCHOOLMUTTAM, OCHAMTHURUTH.PO, VYPPIN, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK, ERNAKULAM, PIN - 682508
Issues for consideration
1 issue framed by the court
Whether the interim mandatory injunction allowed by the trial court without a speaking order is sustainable.
Parties & counsel
- petitioner
K.V.V.E.S Valappu Unit Rep. by its President
- petitioner
K.P.Sanilkumar
- respondent
D.J.Jolly
- respondent
K.B.Mohanan
Coram
Case details
As recorded by the court registry
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