IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4995 of 2010(O)
1. THE CENTRAL BOARD OF ANGLO INDIAN
... Petitioner
2. THE UNION OF ANGLO INDIAN ASSOCIATIONS,
Vs
1. PERCY PRAKASIA, AGED ABOUT 60 YEARS,
... Respondent
2. ANTONY FERNANDEZ, AGED ABOUT 63
3. VINCENT FERNANDEZ, AGED ABOUT 50 YEARS,
4. ANDREW LUIZ, AGED ABOUT 72 YEARS,
5. MELVIN D'CUNHA, AGED ABOUT 50 YEARS,
6. BENNY D'CUNHA, AGED ABOUT 63 YEARS,
7. JOSEPH MAXY LUIZ, AGED ABOUT 64
For Petitioner :SRI.G.RAJAGOPAL
For Respondent :SRI.N.C.JOSEPH
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :27/07/2010
O R D E R
THOMAS P.JOSEPH, J.
====================================
W.P(C) No.4995 of 2010
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Dated this the 27th day of July, 2010
J U D G M E N T
This Writ Petition is in challenge of the order of learned
Additional Munsiff-II, Ernakulam on I.A. No.3534 of 2008 in O.S.
No.659 of 2008. That is an application for injunction to restrain
respondents-defendants from interfering with the affairs and
activities of petitioner, collecting amount from parents of students
illegally and without authority. Defendants opposed the
application. Though there was an interim order of injunction
learned Munsiff after hearing both sides dismissed I.A. No.3534 of
2008. That order has been confirmed by the learned District
Judge, Ernakulam in C.M.A. No.58 of 2008. Judgment of
learned District Judge is under challenge at the instance of
petitioners-plaintiffs.
2. When this Writ petition was taken up for hearing
learned counsel for respondents-defendants submitted that the
suit was once included in the list for trial but on account of the
order of stay issued from this Court trial could not commence.
Learned counsel for petitioners contended that there are four other
connected cases pending in the court of learned Additional
W.P(C) No.4995 of 2010
-: 2 :-
Munsiff-I and to facilitate joint trial with those sits petitioners have
already moved the learned District Judge, Ernakulam for transfer
of O.S.No.659 of 2008 from the court of learned Additional
Munsiff-II, Ernakulam. According to the learned counsel if the
suits are consolidated in the same court trial could proceed.
Learned counsel for respondents states that respondents have no
objection in O.S. No.659 of 2008 being transferred to the court of
learned Additional Munsiff-I, Ernakulam. Since the suit is
otherwise ripe for trial it is not necessary for me to consider the
challenge to the judgment of learned District Judge in the
C.M.Appeal confirming dismissal of I.A. No.3534 of 2008.
parties can agitate the contentious issues in the suit itself. In the
circumstances I do not find it necessary to go into the contentions
raised in this Writ Petition. Learned Munsiff shall dispose of the
suit untrammelled by the observations in the order/judgment
under challenge.
With the above direction Writ Petition is closed.
THOMAS P. JOSEPH, JUDGE.
vsv