IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY, THE13H DAY OF JANUARY201423RD POUSHA, 1935 OP(C).No. 4723 of 2013 (O) --------------------------- IN OS892013 OF MUNSIFF COURT, KALPETTA PETITIONER(S): --------------- M/S.RUBY ENTERPRISES (P) LTD., BYE-PASS JUNCTION, ALUVA-683 101 REPRESENTED BY ITS POWER OF ATTORNEY SMT.SAFIYA USMAN, PEACE COTTAGE, ALUVA. BY ADV. SRI.RAJU K.MATHEWS. RESPONDENT(S): -------------- 1. M/S.MALABAR HOTEL MANAGEMENT AND CATERING PROMOTION TRUST, A PRIVATE TRUST, UNDER THE INDAIN TRUST ACT, 29/924, ALMAZ BUILDING, KOOTTOLI, KOZHIKODE-673 016 REPRESENTED BY ITS CHAIRMAN MR.N.K.MUHAMMED.
2. THE PRINCIPAL, ORIENTAL SCHOOL OF HOTEL MANAGEMENT, LAKKIDI, VYTHIRI P.O., WAYANAD DISTRICT-673576. R1,R2BY ADV. SRI.P.K.VARGHESE. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON1301-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs/ P.N.RAVINDRAN, J.
----------------------------------------- O.P.(C).No.4723 of 2013 ----------------------------------------- Dated this the 13th day of January, 2014 JUDGMENT
The petitioner is the plaintiff in O.S.No.89 of 2013 on the file of the Court of the Munsiff of Kalpetta. The respondents are the defendants therein. The suit instituted by the petitioner is one for a permanent prohibitory injunction restraining the defendants, their men and agents from trespassing into or otherwise re- entering into the plaint schedule buildings or from interfering with the plaintiff's peaceful possession and enjoyment thereof. Upon receipt of summons the defendants entered appearance and filed I.A.No.1248 of 2013 wherein they prayed for an interim order restraining the plaintiff, its employees and supporters from causing any obstruction to the occupation of the rooms in the plaint schedule buildings by the students to whom they are allotted by the defendants. After hearing the learned counsel on both sides the trial court allowed the said application by order passed on 21.12.2013. This original petition was thereupon filed on 24.12.2013 seeking the following reliefs:- i) to issue a writ of mandamus or other appropriate O.P(C)No.4723/2013 -:2:- writ, direction or order directing the Court of the Honourable Munsiff, Kalpetta to issue a carbon copy of the order dated 21.12.2013 in I.A.No.1248 of 2013 in O.S.No.89 of 2013 forthwith; ii) to suspend and stay the operation and implementation of the order dated 21.12.2013 in I.A.No.1248 of 2013 for a period of 30 days after carbon copy of the order is issued to the petitioner.
2. When this original petition came up for admission hearing before this Court on 27.12.2013, while admitting the original petition this Court directed the trial court to issue carbon copy of the order to the petitioner within one month so as to enable the petitioner to pursue appropriate legal remedies. This Court also stayed the operation of the order dated 21.12.2013 in I.A.No.1248 of 2013 for a period of two weeks.
3. When the original petition came up for hearing today, Sri.P.K.Varghese, learned counsel appearing for the respondents submitted that pursuant to the order passed by this Court on 27.12.2013 a carbon copy of the order passed on 21.12.2013 in I.A.No.1248 of 2013 has been issued to the learned counsel appearing for the plaintiff and that the plaintiff has filed C.M.A.No.2 of 2014 in the Court of the Subordinate Judge of O.P(C)No.4723/2013 -:3:- Sulthan Bathery challenging the said order. In such circumstances I am of the opinion that no further orders are called for in this original petition. The original petition is accordingly closed as infructuous reserving liberty with the petitioner to pursue C.M.A.No.2 of 2014 and to seek appropriate interim reliefs in that appeal. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J.
--------------------------- O.P.(C).No.4723 of 2013 ---------------------------- JUDGMENT
13h January, 2014