High CourtsSingle Bench

P.M.Muraleedharan vs Keraleeya Ayurveda Samajam

High Court Of Kerala · Decided on 10 October 2022 · Citation: (2022) 10 KL CK 0063

HON’BLE JUDGES
C.S.Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 1913 Of 2022
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Judgment

7 paragraphs · 280 words

C.S Dias, J

1.

The original petition is filed to direct the Court of the Munsiff, Ottapalam, to consider and pass orders on I.A No.3636/2022 (Ext P4) in OS No.135/2021, within a time frame.

2.

The petitioner has contended in the original petition that the annual general body meeting of the first respondent – Samajam - is scheduled to be held on 12.10.2022. On receiving notice of the general body meeting, the petitioner filed Ext P4 application, to advance the hearing of the suit and Ext P5 application, to appoint an Advocate Commissioner to observe the annual general body  meeting.   The  court  below  dismissed  Ext  P4 application and has posted Ext P5 application to 11.10.2022. If the court below does not pass any orders on Ext P5 application on 11.10.2022, the application would be rendered infructuous. Hence, the original petition.

3.

Heard; Sri.Binoy Vasudevan, the learned counsel appearing for the petitioner and Sri.George Poonthottam, the learned Senior Counsel appearing for the first respondent.

4.

On a consideration of the pleadings and materials on record and taking note of the fact that Ext P5 application has already been filed and is pending consideration, and the annual general body meeting is slated to be held on 12.10.2022, I am of the definite view that the court below is to be directed to consider and dispose of Ext P5 application tomorrow itself.

In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Ottapalam, to consider  and  dispose  of IA  No.3636/2022  in  OS No.135/2021, in accordance with law, on 11.10.2022 itself.

The original petition is ordered accordingly.