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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