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Kerala High Court

The Rotary Club Of Karette vs The Rotary International on 2 November, 2017

Author: Anil K.Narendran

Bench: Anil K.Narendran

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                     PRESENT:

                     THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

          THURSDAY, THE 2ND DAY OF NOVEMBER 2017/ 11TH KARTHIKA, 1939

                                          OP(C).No. 3099 of 2017 (O)
                                                ---------------------------
                               AS. NO.8/2017 OF SUB COURT,ATTINGAL.
                                                          .......

PETITIONER/PLAINTIFF:
------------------------------------

                     THE ROTARY CLUB OF KARETTE,
                    (CLUB NO. 75725), KARETTE,
                    REPRESENTED BY ITS FORMER PRESIDENT
                    MR.S. SUNIL KUMAR, AGED 55 YEARS,
                    SON OF P.SUNDARESWARAN, JAYA BHAVAN,
                    M.C. ROAD, VAMANAPURAM P.O,
                    PERINJANAM VILLAGE, TRIVANDRUM -695 606.


                     BY ADVS.SRI.ABDUL JALEEL.A,
                                 SMT.M.A.SULFIA.

RESPONDENTS/RESPONDENTS:
-------------------------------------------------

        1.           THE ROTARY INTERNATIONAL,
                     ONE ROTARY CENTER, 1560 SHERMAN AVENUE,
                     EVANSTON, ILLINOIS 620 201-3698, USA,
                     REPRESENTED BY ITS GENERAL SECRETARY
                     MR.JOHN P.HEWKO.


        2.           THE ROTARY INTERNATIONAL SOUTH ASIA OFFICE,
                     THAPAR HOUSE, 2ND FLOOR, CENTRAL WING 124
                     JANPATH, NEW DELHI- 110 001, INDIA,
                     REPRESENTED BY ITS MANAGER,
                     CLUB & DISTRICT SUPPORT,
                     MR.JATINDER SINGH.




                    THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2017,
                    THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.

OP(C).No. 3099 of 2017 (O)

                                 APPENDIX

PETITIONER'S EXHIBITS:-


EXHIBIT P1   TRUE COPY OF A.S 8/2017 BEFORE LEARNED SUB COURT,
             ATTINGAL.

EXHIBIT P2   TRUE COPY OF B DAIRY PROCEEDINGS IN A.S 8/2017.


RESPONDENT'S EXHIBITS:-       NIL.




                                               //TRUE COPY//


                                               P.S.TO JUDGE


rs.



                      ANIL K.NARENDRAN, J.
                  ====================
                     O.P.(C) No.3099 of 2017
                  ====================
            Dated this the 2nd day of November, 2017

                           J U D G M E N T

The petitioner, who is the appellant in A.S.No.8/2017 on the file of the Sub Court, Attingal is before this Court in this Original Petition filed under Article 227 of the Constitution of India seeking an order directing the court which is in charge of said court to hear and dispose of the said appeal within a time frame to be fixed by this Court.

2. On 26.10.2017, when this Original Petition came up for admission, Registry was directed to get a report from the Sub Court, Attingal as to the present status of A.S.No.8/2017 and also the time limit required for its final disposal. Pursuant to the said order, a report dated 30.10.2017 has been received from the First Additional Sub Judge, Thiruvananthapuram, who is in charge of the Sub Court, Attingal, wherein it has been stated that service of notice is not complete on the respondents till date and the case now stands posted to 4/1/2018. In the said report it has also been stated that the said appeal can be finally disposed of within two months from the date of appearance of the respondents.

3. The report received from the Sub Court would show that service of notice is not complete on the respondents in A.S. O.P.(C) No.3099 of 2017 2 No.8/2017. Therefore, it is for the petitioner, who is the appellant in A.S.No.8/2017, to take necessary steps to see that service of notice is complete on the respondents. The petitioner shall take necessary steps in this regard forthwith.

In such circumstances, this original petition is disposed of directing the Sub Court, Attingal or the court holding charge of that court to finally dispose of A.S.No.8/2017, as expeditiously as possible, at any rate, within a time limit of two months from the date on which service of notice is complete on the respondents.

Sd/-

ANIL K.NARENDRAN, JUDGE rmm/3/11/2017 // True Copy // P.A. To Judge