ALEX T. MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The question emerges for consideration in this original petition filed under Article 227 of the Constitution of India is, whether the Vacation Civil Court is vested with powers to pass a final order in any interlocutory application in view of the peremptory stipulations contained under Sec. 19(2) of the Kerala Civil Courts Act, 1957. Brief material facts for the disposal of the original petition are as follows:

(2.) Petitioner is the plaintiff in O.S. No. 226 of 2019 on the files of the Additional Munsiff's Court, Kottayam. Respondent Nos. 1 to 7 herein are the defendant Nos. 1 to 7 respectively in the aforesaid suit. The suit is filed seeking a decree of permanent prohibitory injunction restraining defendant Nos. 1 to 4 and their men from renewing the Foreign Liquor Licence No. FL-32-2018-19 and any other category of licence with respect to 5th defendant, i.e., M/s. Hotel Vani. The suit was instituted by the petitioner since disputes and differences have arisen between him and respondents Nos. 6 and 7, who are partners of the 5th respondent firm, and since the petitioner had by Ext. P2 letter issued to respondent Nos. 2 and 3, revoked the authority in favour of respondent Nos. 6 and 7 to act for and on behalf of petitioner and the 5th respondent, in the matter of renewal of "Beer and Wine" Parlour Licence standing in favour of the 5th defendant, and due for renewal on 01.04.2019.

(3.) Along with the suit, petitioner had filed Ext. P4 application i.e., I.A. No. 1131 of 2019, seeking an order of temporary injunction restraining defendant Nos. 1 to 4 and their men from renewing the Foreign Liquor licence. Ext. P5 objection was filed for and on behalf of respondents 1 to 4, and after having heard the application, an interlocutory order was passed on 30.03.2019, directing respondents 1 to 4 not to renew the licence, and the case was posted to 09.04.2019. Respondents 5 to 7 entered appearance and have submitted an advance application to advance the Interlocutory Application, and accordingly it was posted to 04.04.2019, 06.04.2019 and 09.04.2019 respectively, and finally the Interlocutory Application was taken up for hearing on 11.04.2019 and the case was posted to 21.05.2019, i.e., on re-opening of the Court after summer vacation. However, the interlocutory order passed was extended up to the said date.