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    MAHESH M v. JINU VARGHESE ABRAHAM

    1

    OP (C)No. 1050 of 2022

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

    PRESENT

    THE HONOURABLE MR.JUSTICE C.S.DIAS

    TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944

    OP(C) NO. 1050 OF 2022

    TO DISPOSE OF IA 1/2022 IN OS 39/2022 OF SUB COURT, PALA PETITIONER/S:

    MAHESH M

    AGED 49 YEARS

    S/O SHIVADASAN, AGED 49 YEARS, NO. 4, USMAAN KHAN

    STREET, CHINTHATRIPEET, ANNASAALAI, CHENNAI,

    TAMILNADU , PIN - 600002

    BY ADV K.V.RASHMI

    RESPONDENT/S:

    1 JINU VARGHESE ABRAHAM

    AGED 37 YEARS

    S/O V V ABRAHAM, FLAT NO. 12 C, AFS KINGDOM

    APARTMENTS, NEAR CHOICE SCHOOL, TRIPPUNITHURA,

    ERNAKULAM, PIN - 682301

    2 PRITHVIRAJ PRODUCTIONS LIPS REP. BY SUPRIYA MENON

    LLP INN AAK - 1307, NO. 59/300 - E, FLAT NO. 4, ASSET KAZA GRANDE, MALIYEKAL ROAD, TEVARA, COCHIN , PIN -

    682013

    3 MAGIC FRAMES REP BY LISTIN STEPHEN

    DOOR NO. 2704, KOLAPPARAMBIL BUILDINGS, SOUTH JANATHA

    ROAD, PALARIVATTOM PO, ERNAKULAM , PIN - 682025

    BY ADV.BINOY K.KADAVAN

    THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

    05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

    2

    C.S DIAS,J.

    --------------------------- OP (C)No. 1050 of 2022 ----------------------------- Dated this the 5th day of July, 2022.

    JUDGMENT

    The original petition is filed under Article 227 of the Constitution of India to direct the Court of the Subordinate Judge, Pala, to consider and dispose of IA No.1/2022 (Ext P2) in OS No.39/2022 within a time frame.

    2. The petitioner's case, in a nutshell, relevant for the determination of the original petition is that he is the plaintiff in the above suit, which is filed against the respondents. Along with the suit he has filed IA No.1/2022 seeking an order of temporary injunction. The suit was instituted on 13.6.2022. The court below has adjourned the application for temporary injunction along with the suit to 30.6.2022 after ordering urgent notice to the defendants in the suit. If Ext P2 application is not considered within a time frame, it would cause severe prejudice and hardship to the petitioner and it would render the suit itself infructuous. Hence, the original petition.

    3

    3. The original petition is opposed by the respondents, who have filed a detailed counter affidavit, inter alia, contending that the petitioner has suppressed material facts from this Court. There is a chequered history in the facts leading to the suit. There is a deliberate attempt on the part of the petitioner and others to stall release of a movie named 'Kaduva' produced by the respondents. The Court of the Subordinate Judge, Irinjalakkuda, had passed an ad interim order of injunction in OS 83/2021 restraining the shooting of the movie. This Court by its order in OP(C) 964/2021 has stayed the ad interim order passed by the above Trial Court. Thereafter, another person has filed OS 206/2021 before the Court of the Subordinate Judge, Ernakulam, and an ad interim injunction was passed against the release of the same movie. Subsequently, the learned Subordinate Judge has vacated the ad-interim order and that order has been confirmed by the Court of the District Judge, Ernakulam, in CMA No.20/2022. Now the present suit is filed by the

    4

    petitioner to stall the release of the same movie. The ulterior intention of the petitioner is only to somehow stall the release of the same movie. Hence, the original petition may be dismissed.

    4. Heard: Smt.Rashmi K.V, the learned counsel appearing for the petitioner and Sri.Binoy K.Kadavan, the learned counsel appearing for the respondents.

    5. Pursuant to the order dated 20.6.2022, the learned Subordinate Judge, Pala, by communication dated 22.6.2022, has informed this Court that the above IA 1/2022 can be disposed of within one month after the respondents enter appearance.

    6. Dehors the rival contentions between the parties in this original petition, I am of the definite view that the Court of the Subordinate Judge, Pala is obliged to consider and dispose of IA 1/2022 in OS 39/2022, in accordance with law, within a time frame.

    In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, without expressing anything on the merits of the dispute

    5

    between the parties, I dispose of the original petition in the following manner:

    (i) The respondents are directed to appear before the Court of the Subordinate Judge, Pala, and file their written objection to IA 1/2022 on or before

    13.7.2022.

    (ii) Immediately on the filing of written objection to IA 1/2022, the court below shall consider and dispose of IA 1/2022, after adverting to the objections filed by the respondents, in accordance with law, as expeditiously as possible, at any rate, on or before 25.7.2022.

    sd/-

    sks/5.7.2022 C.S.DIAS, JUDGE

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    MAHESH M v. JINU VARGHESE ABRAHAM
    (Jul 5, 2022)