High Court Kerala High Court

R.Eswaran vs K.Govindankutty Menon on 3 July, 2007

Kerala High Court
R.Eswaran vs K.Govindankutty Menon on 3 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CMA No. 87 of 2003()


1. R.ESWARAN S/O. E.RAMASWAMI, AGED 56
                      ...  Petitioner
2. R.SUBRAMANIAN S/O. E.RAMASWAMI,
3. R.VENU, S/O. E.RAMASWAMI, AGED 51 YEARS
4. R.RAMACHANDRAN S/O. E.RAMASWAMI, AGED
5. R.BALAKRISHNAN S/O. E.RAMASWAMI, AGED 48

                        Vs



1. K.GOVINDANKUTTY MENON, S/O. K.P.
                       ...       Respondent

2. O.V.NAMBIAR S/O. T.V.P. NAMBIAR,

3. M.ACHUTHA KUMAR S/O. DR. P.ACHUTHA

                For Petitioner  :SRI.P.N.MAHESH

                For Respondent  :SRI.T.KRISHNAN UNNI

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :03/07/2007

 O R D E R
                    KURIAN JOSEPH & T.R. RAMACHANDRAN NAIR , JJ

                   ===========================================

                                    C.M.A. No. 87 OF 2003

                    ==========================================

                              Dated this the 3rd day of July, 2007.


                                           JUDGMENT

Kurian Joseph, J

This is an appeal against the order dated 17.03.2003 in I.A. No. 173/2002

in O.S No. 179/2002 whereby application for temporary injunction was declined

by the court. The suit is one filed for a decree for prohibitory injunction

restraining the defendants 2 to 4 from selling the property of the 1st defendant-

company till the general meeting of the share holders of the company was

convened and the decision is taken to sell the property. During the pendency of

the appeal, this Court in C.M.P. No. 2021/2003 passed order dated 10.04.2003

making it clear that the aggrieved parties can raise their objections before the

general body and the general body will consider all the aspects of the matter. In

view of the said order, we do not think that any further orders are required in this

appeal except to observe that in case the suit itself has not been disposed of the

same will be disposed of expeditiously. With the above observations, the appeal

is disposed of.

KURIAN JOSEPH, JUDGE.

T.R. RAMACHANDRAN NAIR, JUDGE.

rv

KURIAN JOSEPH & T.R. RAMACHANDRAN NAIR,JJ.

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C.M.A. NO. 87 of 2003

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3rd day of July, 2007

JUDGMENT