IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 OP(C).No. 1361 of 2011(O) ------------------------- AGAINST THE ORDER IN IA 261/2011 IN CMA.1/2011 of SUB COURT, VADAKARA .................... PETITIONER (S): -------------------- KUNHALI, S/O.AMMAD HAJI RESIDING AT NARAYANAN KANDIYIL VELLIYOD AMSOM, BHOOMIVATHUKKKAL DESOM VANIMAL VILLAGE, POST KODIYOURA, VIA KALLACHI, VADAKARA TALUK. BY ADV. SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN RESPONDENT(S): --------------- 1. BROTHER'S ARTS AND SPORTS CLUB REGISTERED UNDER THE SOCIETIES REGISTRATION ACT HAVING REGISTRATION NO.277/89 VANIMAL ,VELLIYOD AMSOM, BHOOMIVATHUKKAL DESOM POST KODIYOURA, VADAKARA TALUK,REPRESENTED BY ITS SECRETARY,MUHAMMED PIN 673 515. 2. MUHAMMED, AGED 25 YEARS S/O.ABDULLA HAJI, SECRETARY, BROTHER'S ARTS AND SPORTS CLUB RESIDING AT KUNHIPARAMBATH,VELLIYOD AMSOM, BHOOMIVATHUKKAL DESOM POST KODIYOURA, VADAKARA TALUK, PIN 673 515. 3. BASHER POYIL, AGED 27 YEARS S/O.MAMMU HAJI, PRESIDENT, BROTHER'S ARTS AND SPORTS CLUB RESIDING AT KUNHIPARAMBATH,VELLIYOD AMSOM, BHOOMIVATHUKKAL DESOM POST KODIYOURA, VADAKARA TALUK, PIN 673 515. OPC 1361/2011 4. SAHEER, AGED ABOUT 25 YEARS S/O.MAMMOOTTY, RESIDING AT PEEDIKAKANDI VELLIYOD AMSOM,BHOOMIVATHUKKAL DESOM POST KODIYOURA, VADAKARA TALUK, PIN 673 515. 5. AMMAD, AGED 28 YEARS S/O.KUNHALI, RESIDING AT PADINJARAPARAMBATH VELLIYOD AMSOM,BHOOMIVATHUKKAL DESOM POST KODIYOURA, VADAKARA TALUK, PIN 673 515. 6. MOIDU, AGED 58YEARS, S/O.KUNHALI RESIDING AT KUMULLAPARAMBATH VELLIYOD AMSOM,BHOOMIVATHUKKAL DESOM POST KODIYOURA, VADAKARA TALUK, PIN 673 515. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 1361/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE JUDGMENT DATED 21.12.2010 IN S.A.NO.717/1999 OF THIS HON'BLE COURT. EXT/P2: COPY OF THE INTERIM APPLICATION I.A.NO.261/2011 FILED BEFORE THE SUBORDINATE JUDGE, VADAKARA. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------- O.P.(C).No.1361 of 2011 -------------------------------- Dated this the 22nd day of June, 2011 JUDGMENT The petitioner, who is the plaintiff in O.S.No.48 of 2011 on the file of the Munsiff's Court, Nadapuram and another filed C.M.A.No.1 of 2011 before the Sub Court, Vadakara, aggrieved by the dismissal of the application for temporary injunction filed by them in the suit. Along with C.M.A.No.1 of 2011, the petitioner filed I.A.No.261 of 2011 for interim order of injunction. The grievance of the petitioner is that the court below has not passed final order in I.A.No.261 of 2011. It is submitted by the counsel for the petitioner that the Sub Court expressed the view that the C.M.Application itself can be heard. The petitioner has no objection in taking up the C.M.Appeal itself for hearing. 2. Though the respondents were served with notice, there is no appearance for them. O.P.(C) No.1361/11 2 3. In the facts and circumstances, the Original Petition is disposed of as follows : The Sub Court, Vadakara shall consider I.A.No.261 of 2011 in C.M.A.No.1 of 2011 or if the court finds it convenient, the C.M.Appeal itself and dispose of the same expeditiously. K.T.SANKARAN JUDGE csl