BY AD v. K.M.GEORGE

GUARDIANS' EDUCATIONAL AND CHARITABLE TRUST MODERN GARDENS, CRPF, PALLIPPURAM, PALLIPPURAM P.O., PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, MR. KABEER @ KABEER CHANNANKARA, CHANNANKARA AGED 62 YEARS, S/O ABOOBACKER KUNJU, RESIDING AT DARUL HASEEB, CHANNANKARA P.O., KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695301 MR. KABEER @ KABEER CHANNANKARA AGED 62 YEARS S/O ABOOBACKER KUNJU, RESIDING AT DARUL HASEEB, CHANNANKARA P.O., KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695301 MR. SHIBU.M. AGED 49 YEARS S/O MUHAMMED IBRAHIM RESIDING AT T.C. 928, PRAKRITHI, KUMARAPURAM, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695011, FROM KADAYIL VEEDU, PULLAMPARA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - 695607 HAROON AGED 66 YEARS S/O MUHAMMED KUNJU, RESIDING AT AISWARYAM, PALLIPPURAM P.O, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - 695316 SHAMMAS AGED 29 YEARS S/O NIZAR, NIZAR MANZIL, ALUMMOODU, KANIYAPURAM P.O, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695301 NUJUMUDEEN AGED 49 YEARS S/O. SHAMSUDEEN, SATHYA VILASOM, BUNGLOW, NEAR CRPF, PALLIPPURAM P.O., THIRUVANANTHAPURAM DISTRICT,, PIN - 695316 OP(C) No. 148 of 2024 -3- 7 8 9 10 11 12 13 NIZAR AGED 58 YEARS S/O ABDUL AZEEZ, SALIM NIVAS, NAMBIARUKULAM, KANIYAPURAM.P.O., THIRUVANANTHAPURAM. DISTRICT,, PIN - 695301 FIROZ AGED 57 YEARS S/O ALIYARU KUNJU, VADAKKATHIL VEEDU, KANIYAPURAM P.O., PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695301 M.M. HASSAN AGED 58 YEARS S/O SAIDU MOULAVI, RESIDING AT HIDAYA, PALLIPPURAM.P.O., PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695541 AYOOBKHAN AGED 55 YEARS S/O ASANARU PILLAI, RESIDING AT ROSE VILLA, KARICHARA, PALLIPPURAM.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695541 BAIJUKHAN AGED 55 YEARS ABDUL RAHIM, LOTUS, ANDOORKKONAM.P.O., THIRUVANANTHAPURAM, PIN - 695584 ALI HUQ NAJEETH AGED 69 YEARS S/O ALI HAQ, RESIDING AT PANIKKAKUDI HOUSE, KURAKKANNI, VARKALA VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695541 NOUSHAD MUHAMMED AGED 52 YEARS S/O MUHAMMED HANEEFA, RESIDING AT THENGUVILA HOUSE, KODUVAZHANNOOR.P.O., KODUVAZHANNOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, PIN - 695612 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) No. 148 of 2024 -4- C. JAYACHANDRAN, J. ====================================================== O.P.(C) No. 148 of 2024 ============================================================= Dated this the 24th day of January, 2024 JUDGMENT Petitioners herein are respondent Nos.11, 7, 10, 5 and 12 in O.P.(C) No.104 of 2024, which was disposed of by this Court as per judgment dated 19.01.2024. The present grievance of the petitioners is that the petitioners being impleaded recently, be given a fair and reasonable opportunity to contest the suit OS No.36 of 2022, which is now included in the special list before the Principal Sub Court, Attingal. Moreover, similar contentions were raised by the petitioners in O.P.(C) No.104 of 2024 and this Court, by virtue of the judgment in the said Original Petition, granted reliefs to the petitioners to place their pleadings and also reserving their rights to participate in the trial. Necessary directions have been issued in this regard.

2. Having heard the learned counsel appearing for both sides, this Court is of the opinion that similar OP(C) No. 148 of 2024 -5- benefits can be extended to the present petitioners as well, who were respondents in the said Original Petition. Accordingly, this Court fix a time of 20 days for the petitioners herein to place on record their pleadings, if any. Rest of the directions contained in paragraph No.5 of the judgment in O.P.(C) No.104 of 2024, will apply to the present petitioners as well, with suitable modifications, if necessary, as deemed fit by the learned Sub Judge, Attingal. The learned Sub Judge will ensure that the petitioners herein also gets an opportunity to file the written statement within the time stipulated above and also to participate in the trial, which is the whole purpose of the directions contained in paragraph No.5 of the judgment in O.P.(C) No.104 of 2024. A copy of the said judgment is appended herewith for easy reference. The Original Petition (Civil) is disposed of as above. sd/- C. JAYACHANDRAN JUDGE OP(C) No. 148 of 2024 -6- APPENDIX OF OP(C) 148/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO.36/2023 FILED BY THE RESPONDENTS 1 TO 3 ON THE FILE OF SUB COURT, ATTINGAL DATED 9.3.2023 CLAIMING THEMSELVES AS THE OFFICE BEARERS OF THE TRUST TRUE COPY OF THE I.A. NO.1/2023 IN O.S. NO.36/2023 ON THE FILE OF SUB COURT, ATTINGAL DATED 9.3.2023 FOR INJUNCTION FILED BY THE RESPONDENTS 1 TO 3 CLAIMING THEMSELVES AS THE OFFICE BEARERS OF THE 1ST RESPONDENT TRUE COPY OF THE PRELIMINARY OBJECTION DATED 15.3.2023 FILED BY THE RESPONDENTS 4 TO 8 HEREIN ON THE FILE OF SUB COURT, ATTINGAL TO INJUNCTION APPLICATION I.E. I.A. NO.1/2023 IN O.S. NO.36/2023 TRUE COPY OF THE ORDER DATED 13.4.2023 IN I.A. NO.1/2023 IN O.S. NO.36/2023 PASSED BY SUB COURT, ATTINGAL GRANTING TEMPORARY INJUNCTION AGAINST THE RESPONDENTS 4 TO 8 HEREIN TRUE COPY OF THE ORDER PASSED BY THE HON'BLE HIGH COURT IN F.A.O. 52/2023 DATED 09/06/2023 TRUE COPY OF THE PROCEEDINGS OF THE ADVOCATE COMMISSIONER WITH RESPECT TO ELECTION NOTIFICATION AND PUBLICATION OF DRAFT VOTERS LIST PUBLISHED BY THE ADVOCATE COMMISSIONER TRUE COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN F.A.O. NO.52/2023 DATED 7.7.2023 ON THE FILE OF HON'BLE HIGH COURT OF KERALA TRUE COPY OF THE PROCEEDINGS OF ADVOCATE COMMISSIONER DECLARING THE ELECTION RESULT AS PER ORDER DATED 9.6.2023 OF THE HON'BLE HIGH COURT OF KERALA IN F.A.O. NO.52/2023 TRUE COPY OF THE JUDGMENT PASSED BY THE Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 OP(C) No. 148 of 2024 -7- Exhibit P10 Exhibit P10(a) Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 HON'BLE HIGH COURT IN F.A.O. NO. 52/2023 DATED 9.8.2023 TRUE COPY OF THE ORDER IN SPECIAL LEAVE PETITION 18890/2023 DATED 6.9.2023 OF THE HON'BLE SUPREME COURT TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.36/2023 DATED NIL ON THE FILE OF SUB COURT, ATTINGAL FILED BY THE RESPONDENTS 4 TO 8 HEREIN/DEFENDANTS 1 TO 5 TRUE COPY OF THE IMPLEADING PETITION I.E. I.A. NO.3/2023 IN O.S. NO.36/2023 DATED 26.9.2023 ON THE FILE OF SUB COURT, ATTINGAL FILED BY THE RESPONDENTS 1 TO 3 HEREIN TRUE COPY OF THE COUNTER AFFIDAVIT TO IMPLEADING PETITION I.A. NO.3/2023 IN O.S. NO.36/2023 ON THE FILE OF SUB COURT, ATTINGAL DATED 16.10.2023 TRUE COPY OF THE ORDER IN I.A. NO.3/2023 IN O.S. NO.36/2023 OF THE SUB COURT, ATTINGAL DATED 1.11.2023 TRUE COPY OF THE AMENDMENT PETITION I.E. I.A. NO.4/2023 IN O.S. NO.36/2023 DATED 26.9.2023 ON THE FILE OF SUB COURT, ATTINGAL FILED BY THE RESPONDENTS 1 TO 3 HEREIN TRUE COPY OF THE OBJECTION TO I.A. NO.4/2023 AMENDMENT PETITION IN O.S. NO.36/2023 ON THE FILE OF SUB COURT, ATTINGAL DATED 17.10.2023 FILED BY RESPONDENTS 4 TO 8 HEREIN/DEFENDANTS 1 TO 5 TRUE COPY OF THE ORDER IN I.A. NO.4/2023 IN O.S. NO.36/2023 OF THE SUB COURT, ATTINGAL ALLOWING AMENDMENT PETITION IN I.A. NO.4/23 IN O.S. 36/2023 DATED 28.11.2023 TRUE COPY OF THE REVIEW PETITION IN I.A. NO.6/2023 IN O.S. NO.36/2023 ON THE FILE OF SUB COURT, ATTINGAL DATED 6.1.2024 TRUE COPY OF THE ORDER IN I.A. OP(C) No. 148 of 2024 -8- Exhibit P19 Exhibit P20 Exhibit P21 NO.6/2024 IN O.S. NO.36/2023 OF THE SUB COURT, ATTINGAL DISMISSING EXHIBIT-P18 REVIEW PETITION DATED 11.1.2024 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE SUB COURT, ATTINGAL SHOWING THE PROCEEDINGS OF THE COURT ON 10/01/2024 WITH RESPECT TO O.S. NO.36/2023 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE SUB COURT, ATTINGAL SHOWING THE PROCEEDINGS OF THE COURT ON 11/01/2024 WITH RESPECT TO O.S. NO.36/2023 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE SUB COURT, ATTINGAL SHOWING THE PROCEEDINGS OF THE COURT ON 12/01/2024 WITH RESPECT TO O.S. NO.36/2023