Kerala High Court
V.N.Gopalakrishnan Nair vs M.K.Radhakrishnan on 4 August, 2017
Author: A.Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY, THE 4TH DAY OF AUGUST 2017/13TH SRAVANA, 1939
OP(C).No. 2067 of 2017 (O)
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OS NO.248/2017 of MUNSIFF'S COURT, PERUMBAVOOR
PETITIONER/PLAINTIFF:
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V.N.GOPALAKRISHNAN NAIR,
AGED 64 YEARS,S/O.LATE NARAYANAN NAIR,
RESIDING AT VARIKKATHOUSE,KARATTUPALLIKKKARA,
PERUMBAVOOR.P.O,PERUMBAVOOR VILLAGE,
KUNNATHUNADU TALUK,ERNAKULAM DISTRICT.
BYADV. SRI.T.K.VIPINDAS
RESPONDENTS/DEFENDANTS:
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1. M.K.RADHAKRISHNAN,
AGED ABOUT 64 YEARS,S/O.KRISHNAN NAIR,MADATHIL
PUTHENVEEDU,PATTALA,IRINGOLE.P.O,IRINGOLE KARA,
PERUMBAVOOR VILLAGE,ERNAKULAM DISTRICT-683542.
2. SRI.B.RAGHUKUMAR,(RETURNING OFFICER),
ADVOCATE, PERUMBAVOOR,PERUMBAVOOR.P.O,
RESIDING ATPLAMKUDI HOUSE,RAYAMANGALAM
VILLAGE,RAYAMANGALAM KARA,
KUNNATHUNADU TALUK,KURUPPUMPADI.P.O,
ERNAKULAM DISTRICT-683542.
3. THE FINE ARTS SOCIETY(REGD.)PERUMBAVOOR,
REPRESENTED BY ITS SECRETARY,PERUMBAVOOR.P.O,
KUNNATHUNADU TALUK,ERNAKULAM DISTRICT-683542.
R1 & R 3 BY ADV.SRI.VIPIN NARAYAN
THIS OP (CIVIL) HAVING BEEN FINALLYHEARD ON 04-08-2017, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2067 of 2017 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.248/2017 ON THE FILE OF MUNSIFF'S
COURT,PERUMBAVOOR
EXHIBIT P2 TRUE COPY OF INJUNCTION APPLICATION AS I.A.NO.1366/2017 IN
O.S.248/2017.
RESPONDENT(S)' EXHIBITS NIL
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//TRUE COPY//
A.HARIPRASAD, J.
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O.P.(C) No.2067 of 2017
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Dated this the 4th day of August, 2017
JUDGMENT
Heard the learned counsel on both sides.
2. Petitioner is the plaintiff in O.S.No.248 of 2017 before the Court of Munsiff, Perumbavoor. He has approached this Court for the following reliefs:
"(i) Issue an order directing the 1st respondent shall not assume the Post of President of 3rd respondent society till the disposal of the Original Petition (Civil).
(ii) Allow the Original Petition with costs.
(iii) Grant such other relief, which this Hon'ble Court may be pleased to grant in the facts and circumstances of the case."
3. It is the case of the petitioner that the 1st respondent is evading the process of the court and playing a hide and seek game. Per contra, learned counsel for the 1st respondent submitted that there was no sitting before the court below on the date fixed for appearance and therefore he could not appear before the court. It is also submitted that he had no intention to stay away from the court.
4. Learned counsel for the petitioner submitted that the 1st respondent has assumed the post of president of 3rd respondent society on OP(C) No.2067 of 2017 2 06.07.2017. It is also submitted that a contempt of court case has been filed against the 1st respondent. Therefore, the fact that he has taken charge as the president of 3rd respondent society is virtually admitted.
Considering the facts and circumstances, I find that the issues involved in this petition no longer survive. Therefore, this original petition is closed as infructuous. Court below shall consider the injunction application as expeditiously as possible.
A. HARIPRASAD, JUDGE.
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