High Court Kerala High Court

Holymatha Educational Trust vs Mary Matha Educational Society on 13 November, 2009

Kerala High Court
Holymatha Educational Trust vs Mary Matha Educational Society on 13 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 298 of 2009()



1. HOLYMATHA EDUCATIONAL TRUST
                      ...  Petitioner

                        Vs

1. MARY MATHA EDUCATIONAL SOCIETY
                       ...       Respondent

                For Petitioner  :SRI.KURIAN GEORGE KANNANTHANAM (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :13/11/2009

 O R D E R
                          K. M. JOSEPH &
                 M.L. JOSEPH FRANCIS, JJ.
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                      F.A.O.No. 298 of 2009
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          Dated this the 13th day of November, 2009

                             JUDGMENT

Joseph, J.

This appeal is directed against the order passed in

I.A.No. 760 of 2009 in O.S.No. 101 of 2009. The above

application was filed for temporary injunction restraining the

appellants/counter petitioners from holding themselves as

owners of the plaint schedule property, from encumbering

them in any manner, from alienating the same from making

any improvements therein and from establishing and

conducting any College or other Educational and

Commercial institution therein.

2. We heard the learned Senior counsel for the

appellants and the learned counsel for the caveator.

F.A.O.No. 298 of 2009

2

3. The learned Senior counsel for the appellants, of course,

would point out that the grounds available to the appellants have

not been taken up as stated in the memorandum of appeal. We do

not see any infirmity with the order so as to warrant interference in

this appeal. At the same time, in the facts of the case, we feel that

the suit itself should be directed to be disposed of finally within an

outer time limit.

4. Accordingly, while dismissing the appeal, we direct the

Sub Court, Neyyattinkara to take up O.S.No. 101 of 2009 and

dispose of the same finally on or before 31.3.2010.

(K. M. JOSEPH)
Judge

(M.L. JOSEPH FRANCIS)
Judge

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