Nixon P.G vs The Sri Sankara Theosophical Lodge on 22 November, 2019

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Kerala High Court

Nixon P.G vs The Sri Sankara Theosophical Lodge on 22 November, 2019

Bench: Sathish Ninan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE SATHISH NINAN

FRIDAY, THE 22ND DAY OF NOVEMBER 2019/1ST AGRAHAYANA, 1941

                  O.P.(C)No.3016 OF 2019

        (AGAINST THE ORDER/JUDGMENT IN OS 997/2019
          OF PRINCIPAL MUNSIFF COURT, ERNAKULAM)


PETITIONERS/PLAINTIFFS No.1, 3 & 4:

  1      NIXON P.G., AGED 50 YEARS,
         S/O.MR.P.N.GOPALAN,
         RESIDING AT 2A-11/129, N.G.O.QUARTERS,
         THRIKKAKARA P.O., KOCHI - 682 021.

  2      SREEDHAR PALIYATH, AGED 46 YEARS,
         S/O.LATE P.K.ARAVINDAKSHA MENON,
         RESIDING AT C-2, VALIYAPARAMBIL FLAT,
         KANAKATHUPARAMBU LANE, CHITTOOR ROAD,
         KOCHI - 682 018.

  3      GIRISH N., AGED 39 YEARS,
         S/O.LATE N.NARAYANAN NAIR,
         RESIDING AT FLAT NO.G4,
         GALAXY CLIFFORD, CHILAVANNUR,
         KADAVANTHRA, KOCHI - 682 020.

         BY ADV. SRI.PRAMOD KOCHUTHOMMEN.E.


RESPONDENTS/DEFENDANTS AND PLAINTIFF No.2:

  1      THE SRI SANKARA THEOSOPHICAL LODGE,
         ERNAKULAM, CHURCH LANDING ROAD,
         ERNAKULAM - 682 016,
         REPRESENTED BY ITS SECRETARY, T.S.USMAN.

  2      T.P.BABU, AGED ABOUT 70 YEARS,
         FATHERS NAME NOT KNOWN TO THE PLAINTIFFS,
         PRESIDENT, THE SRI SANKARA THEOSOPHICAL LODGE,
         ERNAKULAM, CHURCH LANDING ROAD,
         ERNAKULAM - 682 016.

  3      T.S.USMAN, AGED ABOUT 48 YEARS,
         FATHERS NAME NOT KNOWN TO THE PLAINTIFFS,
         SECRETARY, THE SRI SANKARA THEOSOPHICAL LODGE,
         ERNAKULAM, CHURCH LANDING ROAD,
         ERNAKULAM - 682 016.
 O.P.(C)No.3016 OF 2019

                         2




4     SREEJITH KOTTOOL GOPI, AGED 45 YEARS,
      S/O.K.N.GOPI, RESIDING AT C4/132,
      INDIRA NAGAR, KADAVANTHRA, COCHIN,
      PIN - 682 020.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.3016 OF 2019

                             3




                          JUDGMENT

All that the petitioners seek for is an expeditious disposal of I.A.No.5280/2019 which is an application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure. It is submitted by the learned counsel for the petitioners that service is complete on the application.

In view thereof, without expressing anything on merits, I dispose of this original petition, directing the court below to hear and dispose of the application I.A.No.5280/2019 as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE ss O.P.(C)No.3016 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.997/2019 PENDING BEFORE THE MUNSIFF COURT-I, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE INJUNCTION PETITION NUMBERED AS I.A.5280/2019 IN O.S.NO.997/2019 PENDING BEFORE THE MUNSIFF COURT-I, ERNAKULAM.

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