IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 CRP.No. 465 of 2002(B) ---------------------- AGAINST THE ORDER IN I.A.NO.6748/01 IN OS.3060/2000 of I ADDL.M.C.,THRISSUR .................... REVN. PETITIONER(S)/PETITIONER/PLAINTIFF: ------------------------------------------ DAVY, S/O. AKKARA VASU,LOORDUPURAM DESOM CHEMBUKAVU VILLAGE, THRISSUR TALUK. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S)/RESPONDENTS/DEFENDANTS: -------------------------------------- 1. THE DHARMODAYAM COMPANY (P) LTD., THRISSUR REP. BY CHAIRMAN. 2. PALLAN J.KUJHIVAREED, S/O.JOSEPH PALLAN, PALLAN HOUSE, CO-OPERATIVE ROAD, CHEMBUKAVU, THRISSUR-20. (DIED) ADDL.RESPONDENTS 3 TO 5: 3.ANTONY,S/O.LATE KUNJUVAREED, PALLAN HOUSE, CO-OPERATIVE ROAD, CHEMBUKKAVU VILLAGE, THRISSUR- 20. 4.MERCY,W/O.MATHEW VADAKOOT,C/O.PALLAN HOUSE, CO-OPERATIVE ROAD, CHEMBUKKAVU VILLAGE, THRISSUR-20. 5.ROSY,W/O.MATHEW,POTTOKKARAN HOUSE, CHEROOR ROAD, THRISSUR. ADDL.RESPONDNET 3 TO 5 ARE IMPLEAED AS PER ORDER DATED 25.11.2009 IN C.M.P.NO.4650/02 IN CRP.465/2002. ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1 SRI.P.B.KRISHNAN FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.P.NO.1084/02 IN CRP.465/02 DISMISSED. 25.11.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.465 OF 2002 (B) ----------------------------------- Dated this the 25th day of November, 2009 O R D E R Revision petitioner is the plaintiff in O.S.No.3060 of 2000 on the file of the Ist Additional Munsiff Court, Thrissur. Suit filed by the plaintiff for a decree of injunction against the defendants had already been dismissed on 19.7.2004. The revision has been filed against the imposition of compensatory cost against the petitioner/plaintiff while disposing an interlocutory application by the learned Munsiff. Petitioner/plaintiff, who had previously applied for an application for interim injunction, after declining of the relief therein, moved an application at the later stage, which too, ended in its dismissal. There was no bona fides in moving the second application after the dismissal of the previous application, was the view taken by the learned Munsiff to impose on him compensatory cost of Rs.1,000/- each against the two defendants. Propriety and correctness of that order CRP.465/02 2 is challenged in the revision. 2. I heard the counsel on both sides. The relief canvassed in the two applications for interim injunction arose under different circumstances is the submission of the learned counsel for the revision petitioner. When the membership fee of the 1st defendant company was sought to be enhanced from Rs.5/- to Rs.500/-, the first application for interim injunction was moved for a prohibitory order from the court from passing such a resolution in the meeting, but, that was declined by the court. Later, when a resolution was proposed to the effect that whatever amount tendered towards the membership fee would not be refunded, that necessitated the second application, according to the learned counsel, and in effect, there was material change of circumstances when the second application was moved. Perusing the impugned order and considering the submissions made, I find considerable force in the submissions made by the learned counsel for the revision petitioner. Prima facie, it appears that there is no justification for imposing compensatory cost against the CRP.465/02 3 revision petitioner for having moved the second application for interim injunction. The order passed by the learned Munsiff to the extent of imposing the compensatory cost against the revision petitioner/plaintiff shall stand vacated. Revision is disposed as indicted above. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.465 OF 2002 (B) ----------------------------------- O R D E R 25th day of November, 2009