Kerala High Court
Paravur Puttingal Devaswom vs K.K.Madhavan on 14 May, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
TUESDAY, THE 25TH DAY OF MARCH 2014/4TH CHAITHRA, 1936
OP(C).No. 879 of 2014 (O)
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(AGAINST THE ORDER IN C.M.A.NO.60/2013 OF I ADDL. DISTRICT COURT,
KOLLAM)
PETITIONER(S):
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PARAVUR PUTTINGAL DEVASWOM
REPRESENTED BY ITS SECRETARY, PARAVUR P.O.
KOLLAM-691 301.
BY ADVS.SRI.R.S.KALKURA
SRI.HARISH GOPINATH
RESPONDENT(S):
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1. K.K.MADHAVAN, AGED 54 YEARS
YAKSHYKKAVU, VADAKKATHIL, PERUMPUZHA
PARAVUR, KOLLAM-691 301.
2. PRATHAPAN, AGED 41 YEARS
KOCHUVILA VEEDU, KALAKKODU, PARAVUR
KOLLAM-691 301.
3. SREERAMAN, AGED 34 YEARS
MOOLAVILA VEEDU, KURUMANDAL, B PARAVUR
KOLLAM-691 301.
4. VISWAMBARAN, AGED 49 YEARS
VATTIKUNNUVILA VEEDU, KURUMANDAL B, PARVUR
KOLLAM-691 301.
5. BHASAKARAN, AGED 63 YEARS
KALLUMKUNNU, KURUMANDAL B, PARAVUR
KOLLAM-691 301.
6. PURUSHOTHAMAN, AGED 59 YEARS
THUNDUVILA VEEDU, KURUMANDAL B, PARAVUR
KOLLAM, -691 301.
7. DEVADAS, AGED 59 YEARS
THUNDUVILA VEEDU, KURUMANDAL B, PARAVUR
KOLLAM, -691 301.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25-03-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 879 of 2014 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1. TRUE COPY OF THE PLAINT IN OS NO.164/2008 ON THE FILE OF
THE MUNSIFF'S COURT, PARAVUR.
EXHIBIT P2. TRUE COPY OF THE TAKE OVER CERTIFICATE ISSUED BY THE
RECEIVER IN OS NO.129/1956 MARKED AS EXHIBIT P1 IN THE
SUIT.
EXHIBIT P3. TRUE COPY OF THE PLAN OF PLAINT A SCHEDULE PEROPERTY
PREFERRED IN THE SUIT AS EXHIBIT A2.
EXHIBIT P4. TRUE COPY OF THE TAX RECEIPT DATED 14/5/2008 ISSUED FROM
THE PARAVUR VILLAGE OFFICE PRODUCED IN THE SUIT AS
EXHIBIT A3.
EXHIBIT P5. TRUE COPY OF THE AUCTION NOTICE DATED 30/8/2002 PUBLISHED
BY THE PUTTUNGAL DEVIKSHETRAM, PARAVUR MARKED AS
EXHIBIT A4 IN THE SUIT.
EXHIBIT P6. TRUE COPY OF THE AUCTION NOTICE DATED 5/1/2004 PUBLISHED
BY THE PUTTUNGAL DEVIKSHETRAM, PARAVUR MARKED AS
EXHIBIT A5
EXHIBIT P7. TRUE COPY OF THE AUCTION NOTICE DATED 10/8/2006 PUBLISHED
BY THE PUTTUNGAL DEVIKSHETRAM, PARAVUR MARKED AS
EXHIBIT A6.
EXHIBIT P8. TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.164/2008 OF
THE MUNSIFF COURT, PARAVUR.
EXHIBIT P9. TRUE COPY OF THE ORDER DATED 13/8/2010 IN OS NO.164/2008
ON THE FILE OF THE MUNSIFF'S COURT, PARAVUR.
EXHIBIT P10. TRUE COPY OF THE ORDER IN IA NO.118/2013 IN OS
NO.129/1956 ON THE FILES OF THE 1ST ADDL. DISTRICT COURT,
KOLLAM.
EXHIBIT P11. TRUE COPY OF THE MEMORANDUM OF APPEAL IN CMA 60/2013 ON
THE FILE OF THE DISTRICT COURT, KOLLAM.
EXHIBIT P12. TRUE COPY OF THE IA NO.1507/2013 IN CMA 60/2013 ON THE
FILE OF THE 1ST ADDL. DISTRICT JUDGE, KOLLAM.
EXHIBIT P13. TRUE COPY OF THE IA NO.1507/2013 IN CMA 60/2013 DATED
7/3/2014 ON THE FILE OF THE 1ST ADDL. DISTRICT JUDGE,
KOLLAM.
RESPONDENT(S)' EXHIBITS : NIL.
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//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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O.P (C) No.879 of 2014
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Dated this the 25th day of March, 2014
J U D G M E N T
An order passed on an interlocutory application in a Civil Miscellaneous Appeal pending against the order on an application for temporary injunction in a suit is impugned. It is unnecessary to delve deep into the issues since it is reported that recording of evidence in the suit has already commenced.
2. I direct the court of the Munsiff of Paravur to dispose of O.S.No.164/2008 on its file on or before 31.7.2014. I hasten to add that the same shall be done untrammelled by any observation contained in the order in I.A.No.1507/2013 in C.M.A.No.60/2013 which the petitioner does not intend to pursue since the suit is listed. The right of the parties as on the date of institution of the suit shall be taken note of by the court below in moulding the relief.
The Original Petition is disposed of.
V.CHITAMBARESH, Judge.
nj.