I C Ganesh v. Sree Dharma Paripalana Yogam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 OP(C).No. 707 of 2015 (O) ----------------------------- AGAINST THE ORDER IN I.A.696/15 in OS 239/2012 of PRINCIPAL MUNSIFF COURT, KOCHI.

PETITIONER:

-------------- I.C.GANESH, S/O.CHELLAPPAN, PUNNAKAPALLI, SDPY ROAD, PALLURUTHY, COCHIN-682 006.

BY ADVS.SRI.DINESH R.SHENOY SMT.K.K.JYOTHILAKSHMY SRI.SANIL JOSE RESPONDENTS:

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1. SREE DHARMA PARIPALANA YOGAM, PALLURUTHY, KOCHI-6, REPRESENTED BY ITS PRESIDENT SREE DHARMA PARIPALANA YOGAM SREE NARAYANA NAGAR PALLURUTHY, KOCHI-682 006.

2. C.P.ANILKUMAR, PRESENT PRESIDENT SREE DHARMA PARIPALANA YOGAM, S.N.NAGAR, PALLURUTHY, KOCHI-682 006.

3. P.S.SATISAN, S/O.SHANMUGHAN, POLLAYIL, PERUMPADAPPU KOCHI-6, PRESENT DEVASWOM MANAGER, SDPY S.N.JUNCTION, PALLURUTHY, KOCHI-682006.

4. V.K.PRADEEP, S/O.KUTTIKRISHNAN VAIDHYAR, VELLEZHATHU NEAR PASHNITHODU BRIDGE, EDAKOCHI-682006.

5. SAJAN MANNALY, ADVOCATE, (RETURNING OFFICER, SDP YOGAM), MANNALY HOUSE NEAR ABAD HOTEL, CHULLICKAL, KOCHI-682 005.

R1 BY ADV. SRI.T.MADHU R1 BY ADV. SRI.K.V.BINOD THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 707 of 2015 (O) -------------------------- APPENDIX PETITIONER'S EXHIBITS :

---------------------------- EXT.P1 TRUE PHOTOCOPY OF JUDGMENT DATED 26.9.2012 IN O.P(C)3106/2012,HIGH COURT OF KERALA.

EXT.P2 TRUE PHOTOCOPY OF JUDGMENT DATED 27.9.2013 IN OP.2573/2013,HIGH COURT OF KERALA EXT.P3 TRUE PHOTOCOPY OF JUDGMENT DATED 11.8.2014 IN OP(C)4320/2011,HIGH COURT OF KERALA.

EXT.P4 TRUE PHOTOCOPY OF COMMON JUDGMENT DATED 20.2.2015 IN OP(C)297/2015 AND OP(C)NO.184/2015.

EXT.P5 TRUE PHOTOCOPY OF MEDICAL CERTIFICATE ISSUED BY DR.K.MADHUKUMAR DATED 6.3.2015.

EXT.P6 TRUE PHOTOCOPY OF I.A.696/2015 IN O.S.239/2012 MUNSIFF COURT, KOCHI.

RESPONDENTS' EXHIBITS: NIL ----------------------------- // True Copy // P.A. To Judge.

smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.707 OF 2015 ------------------------------------------------- Dated this the 31st day of March, 2015.

J U D G M E N T

This Court was approached as per the original petition when a petition for adjournment was dismissed by the court below. The reason for seeking adjournment was that both the client as well as the counsel were not well and they were unable to attend the court on the particular day. The prayer for adjournment was for two weeks. Now that period is over.

2. Learned counsel appearing for the petitioners pointed out that the 1st petitioner has undergone an angioplasty and therefore some more time is required for adducing evidence. It is further pointed out that more than 3000 membership application forms have been produced and scrutiny of that would necessitate the petitioners to depute three or four persons to the office of the court concerned to verify the records.

As far as the first issue is concerned, now that the two weeks are over and also summer vacation is approaching, it is

O.P.(C) No.707/2015 only proper that trial shall commence only after the summer vacation. As regards the second issue is concerned, it is for the petitioners to apply to the court below for verification of records and the court concerned will pass appropriate orders. This original petition is disposed of as above. Sd/- P.BHAVADASAN JUDGE smp