Jobison Jacob vs Jessy Johny And Others on 20 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25189 of 2008(W)



1. JOBISON JACOB
                      ...  Petitioner

                        Vs

1. JESSY JOHNY AND OTHERS
                       ...       Respondent

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :20/08/2008

 O R D E R
                 M. SASIDHARAN NAMBIAR, J.
                    ------------------------------------------
                    W.P.(C) NO. 25189 OF 2008
                    ------------------------------------------
             Dated this the 20th day of August, 2008


                               JUDGMENT

This petition is filed under Article 227 of Constitution of

India challenging Ext.P10 order passed by Munsiff,

Muvattupuzha in I.A.2687 of 2008 granting police protection to

the plaintiffs for implementing the order of injunction granted in

I.A.2321 of 2008.

2. The argument of the learned counsel appearing for

petitioner is that the order in I.A.2321 of 2008 is challenged

before Sub Court, Muvattupuzha in C.M.A.10 of 2008 and

though learned Sub Judge issued notice to the respondents in

the application for stay of operation of the order in I.A.2321 of

2008, notice could not be served on the respondents and in the

meanwhile respondents obtained Ext.P10 order from the learned

Munsiff and learned Munsiff should not have granted the order

when a CMA is pending.

3. On hearing the learned counsel I do not find any

necessity to interfere with Ext.P10 order passed by the learned

WP(C)25189/08 2

Munsiff so as to protect the atmosphere of the school as the

dispute is with regard to the running of the school. So long as

the order in I.A.2321 of 2008 stands, petitioner is not entitled to

violate the same. By Ext.P10 order learned Munsiff has only

protected the right granted in favour of the petitioner in

I.A.2321 of 2008. It is for the petitioner to obtain necessary

orders from the Sub Court, Muvattupuzha, where CMA is

pending. This writ petition is disposed granting liberty to the

petitioner to move Sub Court for passing order in Ext.P8

application immediately. If any application is filed before Sub

Court, Muvattupuzha to pass orders in Ext.P8 application,

learned Sub Judge shall pass orders in the application without

any delay. If the order in I.A.2321 of 2008 is stayed, then

automatically Ext.P10 order will have no value.

M. SASIDHARAN NAMBIAR,
JUDGE

Okb/-