IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 CRP.No. 202 of 2009 AGAINST THE ORDER DATED 21/01/2009 IN O.P.(TRUST) NO.14/2009 of II ADDL. DISTRICT COURT, THIRUVANANTHAPURAM. REVN. PETITIONERS: COUNTER-PETITIONERS: ---------------------------------------- 1. KONCHIRAVILA SREEBHAGAVATHY KSHETRAM TRUST, REPRESENTED BY ITS SECRETARY K.SURESH KUMAR KONCHIRAVILA, MANACAUD P.O., THIRUVANANTHAPURAM. 2. KONCHIRAVILA SREEBHAGAVATHY KSHETRAM TRUST, REPRESENTED BY ITS PRESIDENT, KRISHNAN NAIR KONCHIRAVILA, MANACAUD P.O., THIRUVANANTHAPURAM. 3. KONCHIRAVILA SREEBHAGAVATHY KSHETRAM TRUST, REPRESENTED BY ITS TREASURER, M.S.SASIDHARAN NAIR, KONCHIRAVILA, MANACAUD P.O. THIRUVANANTHAPURAM. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENTS: PETITIONERS: --------------------------- 1. V.HAREENDRA BABU, S/O.VASU PILLAI, TC 22/572, DAIVEEKOM, KONCHIRAVILA, MANACAUD, THIRUVANANTHAPURAM. 2. ASOKAN, S/O.ANANTHARAMAN, UKKAZHACHIVILAKOM, KONCHIRAVILA, MANACAUD VILLAGE,, THIRUVANANTHAPURAM. 3. T.ANILKUMAR, S/O.THANKAPPAN, PANTHAPLAVIL VEEDU, TC 22/491 (A), KONCHIRAVILA, MANACAUD VILLAGE, THIRUVANANTHAPURAM. R1 AND R2 BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ C.R.P. NO. 202 OF 2009 ------------------------------------------------------ Dated this the 1st April, 2009 O R D E R The respondents in the Revision Petition filed O.P.(Trust) No.14 of 2009, on the file of the II Additional District Judge, Thiruvananthapuram, for leave under Section 92 of the Code of Civil Procedure. The Original Petition (Trust) was posted to 19.1.2009 for appearance of the respondents therein, who are the revision petitioners. The revision petitioners appeared on 19.1.2009. The court below passed an order on 21.1.2009 allowing the application on the ground that no counter was filed. The order reads as follows: “No counter filed. Application for the leave u/s.92 C.P.C alleging that the first counter petitioner herein is a public trust and hence leave sought to institute suit for the relief of appointment of new trustees and removal of existing trustees and for other reliefs and hence leave granted to institute the forsaid reliefs. Comply order I Rule(8) C.P.C while instituting the suit.” 2. The date fixed for appearance of the respondents/revision petitioners was admittedly on 19.1.2009. No reasonable opportunity was granted to file counter. The court below should have posted the case for counter and hearing and should have considered the contentions of the respondents in the Original Petition. C.R.P. NO.202 OF 2009 :: 2 :: Considering the facts and circumstances of the case, the Civil Revision Petition is allowed and the order impugned is set aside. The court below shall hear the matter afresh and pass appropriate orders. (K.T.SANKARAN) Judge ahz/