IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 OP(C).No. 1125 of 2011(O) ------------------------- AGAINST THE ORDER IN IA 954/2011 IN CMA.20/2011 of I ADDL. DISTRICT COURT, ERNAKULAM OS.1092/2010 of II ADDL.M.C., ERNAKULAM .................... APPELLANTS/RESPONDENTS/DEFENDANTS ----------------------------------------------------- 1. T.S.SURESH BABU, (CINE DIRECTOR), S/O.LATE CHELLAPPAN PILLAI, AGED 52 YEARS, 'SREEKRISHNALAYAM', POOJAPURA P.O., THIRUVANANTHAPURAM-12. 2. REJI MATHEW, (SCRIPT WRITER), S/O.K.P.MATHEW, AGED ABOUT 42 YEARS, KAKKATTU HOUSE, ERAVINALLOR P.O., PUTHUPALLY, KOTTAYAM. BY ADV. SRI.SHAJI P.CHALY SRI.R.SANJITH RESPONDENT(S): RESPONDENT/PETITIONER/PLAINTIFF ---------------------------------------------- REJI KUMAR P.K., S/O.KRISHNANKUTTY, AGED 37 YEARS, PICHANATTU HOUSE, MOOLAVATTOM, PROPRIETOR, M/S. GREAT IMAGES, FORMERLY KNOWN AS MALAYALAM BIG SCREEN, 41/29, THOTTUNGAL PARAMBU, KSRTC ROAD, ERNAKULAM, KOCHI-11. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- OP(C) No.1125 of 2011 ------------------------------------- Dated this the 21st day of March 2011 Judgment In this petition under Article 227 of the Constitution, the reliefs sought for are as follows : "i. To issue a direction setting aside Ext.P1 order dated 9.3.2011 issued by the learned 1st Additional District Judge, Ernakulam in IA No.954/11 in CMA No.20/11 and stay the operation of common order passed in IA No.7052/10 and IA No.8062/10 in OS No.1092/10 on the files of the learned second Additional Munsiff's Court, Ernakulam dated 4.1.2011. ii. Pass any other appropriate orders and direct the learned first Additional District Court, Ernakulam to hear and dispose of the CMA No.20/11 by calling the lower court records on the posted day itself. iii. Award costs of this proceedings to the petitioner." OPC 1125/11 2 2. OS No.1092/10, in which the petitioner was the defendant, was filed seeking the following reliefs : (a)To grant decree of permanent prohibitory injunction restraining the defendants from transferring the right of production and distribution of second part of film “Uppukandam Brothers” to anybody than the plaintiff. (b)To grant such other reliefs that may be deemed fit and necessary in the circumstances of the case.” 3. By Ext.P8 common order dated 04.01.2011, IA Nos.7052/10 and 8062/10 filed by the respondent, were allowed and interim orders were issued against the petitioners. The petitioners carried the matter in appeal as CMA No.20/11. In the said appeal, the petitioners had filed IA No.954/11 praying for stay of operation of Ext.P8 order. The said petition was dismissed and the appeal was posted to 28.3.2011. 4. The present grievance of the petitioners is that the court below has not addressed itself to the issues involved in the case and it ought to have seen that the reliefs now OPC 1125/11 3 granted are far beyond the reliefs in the suit itself. The courts below ought to have noticed that the orders if allowed to stand, would cause considerable prejudice to the petitioners. It is also pointed out that one of the conditions mentioned in the order of the trial court has not been complied with. The courts below ought to have considered the stay petition instead of dismissing the same. 5. Though there appears to be some substance in what the petitioner says, there is no reason to think that the court below will not consider and pass orders on the appeal on 28.03.2011 on which date, the appeal now stands posted. In the result, there will be a direction to the First Additional District Court, Ernakulam to take up CMA No.20/11 and dispose of the same in accordance with law, if possible, on 28.03.2011 itself, after calling for the records. Send a copy of this judgment to the First Additional District Court and the Second Additional Munsiff's Court, Ernakulam today itself. P.Bhavadasan, Judge sta OPC 1125/11 4 OPC 1125/11 5