Petition challenged the District Court's reversal of an injunction granted by the Munsiff. Since the suit trial had begun, the petition was not pressed; the High Court dismissed it as infructuous, directing the Munsiff to decide the suit and maintainability free of observations in either interlocutory order.
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 C. JAYACHANDRAN
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
OP(C) NO. 1841 OF 2021
AGAINST THE JUDGMENT DATED 05.08.2021 IN CMA NO.17 OF 2021 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOTTAYAM
AGAINST THE ORDER IN IA 1/2021 IN OS NO.20 OF 2021 OF ADDITIONAL MUNSIFF COURT, KOTTAYAM
PETITIONER/1st RESPONDENT/1st PETITIONER:
K.A. ABRAHAM
AGED 50 YEARS
S/O. CHACKO, KUNNUKUZHIYIL HOUSE, MANARCADU P.O.,
KOTTAYAM.
BY ADVS.
GEORGE SEBASTIAN
PRANOY K.KOTTARAM
RESPONDENTS / APPELLANT AND 2nd RESPONDENT/RESPONDENT& 2 nd
PETITIONER:
1 CHERIAN ASHRAM HOLISTIC CENTRE TRUST MANARCADU VILLAGE, KOTTAYAM TALUK, REPRESENTED BY MANAGING TRUSTEE A.J.JOHN, MANARCADU P.O., KOTTAYAM, PIN-686 019.2 VARGHESE MATHEW AGED 47 YEARSS/O. K.V.MATHEW, ERASHERYIL HOUSE, MANARCADU P.O.,
KOTTAYAM, PIN-686 019.
BY ADV NIDHEESH. S
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
27.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No. 1841 0f 2021
2
JUDGMENT
Dated, this the 27th day of February 2024
This Original Petition is prefered challenging the
judgment of the learned District Judge, Kottayam in
C.M.A No. 17/2021, which reversed the injunction
granted by the learned Munsiff.
2.When the matter was taken for consideration
today, learned counsel for the petitioner would
submit that the trial in the suit has already begun
wherefore, the present Original Petition is not
pressed, however, subject to the condition that the
suit shall proceed untrammelled by any of the
observations made by the learned District Judge in
the impugned order.
Having heard the learned counsel for the petitioner,
this court is of the opinion that the Original
Petition need not be kept pending. The Original
Petition will stand dismissed as infructuous.
However, it is directed that the learned Munsiff
O.P.(C).No. 1841 0f 2021
3
will proceed with the trial and adjudication of the
matter, untrammelled by any of the observations made
by the learned Munsiff in the order which granted
injunction, or for that matter, by the learned
District Judge in the impugned order. Based on the
submission made by the learned counsel for the
respondent, it is clarified that the question as to
maintainability of the suit which is posed before
this court by the learned counsel for the
respondents will be considered by learned Munsiff,
if the same is raised before him/her.
This Original Petition will stand dismissed.
Sd/-
C.JAYACHANDRAN, JUDGE
SSG
O.P.(C).No. 1841 0f 2021
4
APPENDIX OF OP(C) 1841/2021
PETITIO |
NER’S EXHIBITS |
||
|---|---|---|---|
Exhibit |
P1A TRUEOF THKOTTAYA |
COPY OF THEE ADDITIONM. |
PLAINT IN O.S.20/2021AL MUNSIFF COURT, |
Exhibit |
P2A TRUEIN O.S.COURT, |
COPY OF THE20/2021 OFKOTTAYAM. |
PETITION INI.A.1/2021THE ADDITIONAL MUNSIFF |
Exhibit |
P3A TRUEIST |
COPY OF THERESPONDENT |
OBJECTION FILED BY THEIN I.A.1/2021 IN |
O.S.20/COURT, |
2021 OF THKOTTAYAM. |
E ADDITIONAL MUNSIFF |
|
Exhibit |
P4A TRUEIN I.AADDITIO |
COPY OF THE.1/2021 INNAL MUNSIFF |
ORDER DATED 9.4.2021O.S.20/2021 OF THECOURT, KOTTAYAM. |
Exhibit |
P5A TRUEIN CMADISTRIC |
COPY OF THE17/2021 BT COURT-V, K |
MEMORANDUM OF APPEALEFORE THE ADDITIONALOTTAYAM. |
Exhibit |
P6A TRUE5.8.202BEFOREKOTTAYA |
COPY OF1 IN PETITTHE ADDITIOM. |
THE JUDGMENT DATEDION IN CMA 17/2021NAL DISTRICT COURT-V, |
Exhibit |
P7A TRUEFILEDNO.652/SELFTHIRUVA |
COPY OF THEBY THE P2019 BEFOREGOVERNMENANTHAPURAM. |
MEMORANDUM OF APPEALETITIONER IN APPEALTHE TRIBUNAL FOR LOCALNTINSTITUTIONS, |
Exhibit |
P8A TRUEIN APPELOCALTHIRUVA |
COPY OF THEAL NO.652/20SELF GOVENANTHAPURAM. |
ORDER DATED 23.6.202019 OF THE TRIBUNAL FORRNMENT INSTITUTIONS, |
1 issue framed by the court
Should the OP(C) challenging the District Court's reversal of an interim injunction proceed given the suit trial has commenced?
K.A. Abraham
Cherian Ashram Holistic Centre Trust
Varghese Mathew
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court