IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH JANUARY 2007 / 10TH MAGHA 1928 WP(C).No. 22795 of 2005(L) -------------------------- CMA.15/2005 of PRL.SUB COURT,IRINJALAKUDA OS.105/2005 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONERS: ------------ 1. VISWA BRAHMANA SAMOOHAM TRUST, METHALA VILLAGE, KODUNGALLUR TALUK, REPRESENTED BY ITS SECRETARY, UNNIKRISHNAN,S/O.CHEMBOZHIPARAMBIL- RAMANACHARI, METHALA VILLAGE, THIRUVANCHIKULAM DESOM, KODUNGALLUR TALUK. 2. VISWA BRAHMANA SAMOOHAM, METHALA VILLAGE, KODUNGALLUR TALUK, REPRESENTED BY ITS SECRETARY, UNNIKRISHNAN,S/O.CHEMBOZHIPARAMBIL- RAMANACHARI, METHALA VILLAGE, THIRUVANCHIKULAM DESOM, KODUNGALLUR TALUK. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENTS: ------------- 1. VISWA BRAHMANA SAMRAKSHANA SAMITHI, LOKAMALLESWARAM VILLAGE, KODUNGALLUR TALUK, REPRESENTED BY ITS PRESIDENT, SANTHOSH, S/O. THANIKKAPARAMBIL KANNAN, LOKAMALLESWARAM VILLAGE, DESOM, KODUNGALLUR TALUK. 2. SECRETARY, RAMESH, S/O. THANIKKAPARAMBIL THANKANACHARI, KATTEKULAM DESOM, METHALA VILLAGE, KODUNGALLUR TALUK. 3. TREASURER HARIYAPPAN, S/O. PAKKUNATH NARAYANAN, LOKAMALLESWARAM VILLAGE, DESOM, KODUNGALLUR TALUK. BY ADV. SRI.P.K.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 22795 OF 2005 = = = = = = = = = = = = = = = Dated this the 30th day of January, 2007. J U D G M E N T This writ petition is filed to quash Ext.P10 order passed by the learned Subordinate Judge, Irinjalakuda. The suit O.S.105/05 was filed before the Munsiff Court and an application for interim injunction was also pressed into service. The trial court on a consideration of the entire materials found that the plaintiff is not entitled to the discretionary relief of injunction and therefore dismissed the application. In appeal, the learned Subordinate Judge confirmed the said finding. 2. The centre question which arise for determination is regarding the interpretation of by-laws and running of a trust or society, whatever it may be. It is seen from the orders of the Court below that the election was not conducted in proper time and so as per the provisions of the by-law there was election of office bearers and that is the question which is in challenge and therefore it is only just and appropriate that this Court does not express any opinion about the merits or demerits of the case at WPC 22795 OF 2005 -:Page numbers:- this stage and it will be sufficient if a direction is given to the trial judge to dispose of the matter within a time frame. Therefore, the writ petition is dismissed with a direction to the trial court to dispose of the matter as expeditiously as possible and not later than six months from the date of receipt of a copy of this judgment. It is made clear that the suit has to be decided by the trial court untrammeled by the observations contained in the interim order passed by it and which is confirmed by the Appellate Court. M.N. KRISHNAN, JUDGE. ul/-