IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 505 of 2010(O)
1. DOTTY THOMAS
... Petitioner
Vs
1. CATHOLIC YOUNG MEN ASSOCIATION
... Respondent
For Petitioner :SRI.JOHN JOSEPH VETTIKAD
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :29/10/2010
O R D E R
THOMAS P.JOSEPH, J.
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O.P(C) No.505 of 2010
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Dated this the 29th day of October, 2010
J U D G M E N T
Petitioners before me are plaintiffs in O.S. Nos.24 and 326 of
2004 of the court of learned Principal Munsiff, Alappuzha. Both the
suits are for a decree for prohibitory injunction; former being
against alienation of properties of respondent No.1 and against
withdrawal of amount from its accounts and the latter being
against inducting third parties into the buildings belonging to
respondent No.1. Suits were dismissed after recording evidence.
Petitioners, I am told have applied for carbon copy of the judgment
but so far it has not been received. In the meantime they filed
Exts.P3 and P4, applications to keep the judgments in abeyance.
Those applications were dismissed by Exts.P5 and P6 observing
that it would amount to granting of injunction, having found that
petitioners are not entitled to the injunction prayed for. Learned
counsel states that if before appeals are preferred and interim
orders are obtained respondents who are directed to maintain
present condition it might alter the situation to the prejudice of
the petitioners. According to the learned counsel for petitioners
respondent Nos.2 onwards have no right to act on behalf of
O.P(C) No.505 of 2010
-: 2 :-
respondent No.1. It is also submitted that until dismissal of the
suits there was an order of injunction in force in both the suits.
2. I am told that petitioners have applied for carbon
copy of the judgments in the suits. Having regard to the
circumstances stated I am persuaded to think that respondents
are to be directed to maintain present condition of the suit
properties.
Resultantly, this Original Petition is disposed of in the
following lines:
(i) Learned Principal Munsiff, Alappuzha is
directed to issue carbon copy of the judgments in
O.S. No.24 and 326 of 2004 of that court if applied
for on usual terms within ten days from this day.
(ii) Respondents are directed to maintain the
present condition of the properties and accounts of
respondent No.1 for a period of fifteen days from this
day.
THOMAS P. JOSEPH, JUDGE.
vsv