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BASIL LITERARY EDUCATIONAL AND versus MARIA AUGUSTINE(MINOR), D/O.AUGUSTINE

High Court of Kerala

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BASIL LITERARY EDUCATIONAL AND v. MARIA AUGUSTINE(MINOR), D/O.AUGUSTINE - FAO No. 133 of 2007 [2007] RD-KL 9221 (1 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 133 of 2007()

1. BASIL LITERARY EDUCATIONAL AND
... Petitioner

2. TAGORE MOUNT SCHOOL, MUNNAR, REP. BY

3. T.J.GEORGE, CHAIRMAN,

Vs

1. MARIA AUGUSTINE(MINOR), D/O.AUGUSTINE,
... Respondent

2. AUGUSTINE, S/O.JOSEPH,

For Petitioner :SRI.GEORGE POONTHOTTAM

For Respondent : No Appearance

The Hon'ble MR. Justice K.PADMANABHAN NAIR

Dated :01/06/2007

O R D E R

K.PADMANABHAN NAIR, J.


==================
F.A.O. No. 133 OF 2007

Dated this the 1st day of June, 2007


========================


JUDGMENT

The defendants in I.A.247/07, which is a suit being filed before the Munsiff Court, Devikulam are the appellants. The respondents filed the suit for declaration and injunction. They filed a petition to restrain the appellants from closing the school and also from converting the plaint schedule property for commercial purpose other than to purpose for running a school. On an earlier occasion the appellants filed a W.P.(C).No.3111/2007 seeking police protection before this court. In that writ petition an undertaking was made to the effect that they will not close the school during the middle of the academic year. That academic year was from June, 2006 to March, 2007. The Writ Petition was disposed of on 6.2.2007. So the prima facie undertaking in the Writ Petition appears to be for the academic year 2006-2007 only. Whether that undertaking continues for the academic year 2007-2008, is a matter yet to be decided. The order impugned is an ex-parte order of temporary injunction. The appellants have to file their counter to the same and the matter is to considered on its merits. I am of the view that it is for the trial court to consider and dispose of the injunction application on its merits. But considering F.A.O. No. 133 OF 2007 2 the serious issues to be decided in the injunction application, I am of the view that it is only just and proper to direct the learned Munsiff to hear the inunction application as expeditiously as possible, if necessary by suo motu advancing the case. The suit was filed before the vacation court. It is submitted by both sides that now the records of the suit has been transmitted to Devikulam Munsiff Court. I am of the view that both sides shall be directed to maintain status quo until the disposal of the injunction application by the trial court. In the result, the F.A.O is disposed of with a direction to the learned Munsiff to hear and dispose of injunction application as expeditiously as possible untrammelled by any observation made by me, at any rate, before 11th of June, if necessary by suo motu advancing the hearing of the case. I make it clear that I have not considered any of the contentions raised by either side on its merits. Office is directed to verify from the vacation Judge, Thodupuzha, whether the records are already transmitted to Munsiff Court, Devikulam. If not transferred, direct him to transfer the records forthwith. K.PADMANABHAN NAIR

JUDGE.

F.A.O. No. 133 OF 2007 3 SPOKEN ON 4.6.07. The matter was posted today for being spoken to. It is submitted by the Registrar (Subordinate Judiciary), that the Munsiff, Devikulam is on leave from 4.6.07 to 17.6.07. So the time granted to the Munsiff, Devikulam to dispose of the injunction application, is extended till 30.6.07. The order of status quo passed on 1.6.07 will also stand extended till 30.6.07. K.PADMANABHAN NAIR

JUDGE.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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