IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 13397 of 2009(O) -------------------------- IA.3287/2009 of D.C. & SESSIONS COURT, ERNAKULAM .................... PETITIONER(S): --------------------- Sr.VINCENT MARY, PROVINCIAL SUPERIOR, CONGREGATION OF THE MOTHER CARMALITE, VIMALA PROVINCE, ERNAKULAM. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): ---------------------- Sr.JESSY, RESIDING AT L.F.CONVENT, NARAKKAL, ERNAKULAM DISTRICT. ADV. SRI.S.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).13397/09 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF ORDER DATED 30.9.2008 OF THE GENERAL EDUCATION (F) DEPARTMENT. EXHIBIT P2: COPY OF ORDER DATED 12.2.2009 ISSUED FROM THE PETITIONER. EXHIBIT P3: COPY OF ORDER DATED 11.2.2009 TO THE PROVINCIAL COUNCIL. EXHIBIT P4: COPY OF ORDER DATED 16.2.2009 FROM THE PETITIONER. EXHIBIT P5: COPY OF ORDER DATED 14.2.2009 TO THE PETITIONER. EXHIBIT P6: COPY OF ORDER DATED 27.3.2009 IN WP(C).5102/09 OF THIS HONOURABLE COURT. EXHIBIT P7: COPY OF JUDGMENT DATED 2.4.2009 IN W.A.NO.807/09 OF THIS HONOURBLE COURT. EXHIBIT P8: COPY OF JUDGMENT DATED 21.4.2009 IN WP(C).NO.11466/09 OF THIS HONOURABLE COURT. EXHIBIT P9: COPY OF ORDER DATED 24.4.2009 WITH TRANSFER LIST -2009 FROM THE PETITIONER. EXHIBIT P10: COPY OF PLAINT DATED 30.4.2009 IN UNNUMBERED O.S. IN I.A.NO.3287/09 OF THE MUNSIFF'S COURT, ERNAKULAM. EXHIBIT P11: COPY OF AFFIDAVIT AND INJUNCTION APPLICATION DATED 30.4.2009 OF THE DISTRICT COURT, ERNAUKLAM. EXHIBIT P12: COPY OF ORDER DATED 2.5.2009 IN IA.3267/09 OF THE DISTRICT COURT, ERNAUKLAM. /TRUE COPY/ PA TO JUDGE S.S.SATHEESACHANDRAN, J. ----------------------------------------- W.P(C).No.13397 of 2009 ----------------------------------------- Dated this the 18th June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “(a) to issue a writ of certiorari or other appropriate order or direction to quash Exhibit P12. (b) to grant such other reliefs as are just and proper in the nature of this case.” 2. An ex parte order of injunction, Exhibit P12, passed by the Vacation District Judge is challenged in the Writ Petition as one without jurisdiction and abuse of process of the court. In Exhibit P12 order, the nominated District Judge, during the vacation, has ordered that the interim order passed shall continue to be in force till the disposal of the suit. Such an order could not have been passed under the provisions of Order XXXIX of the Code of Civil Procedure and the Rules thereunder and it cannot have sanction of law, is the case of the petitioner. WP(C).13397/09 2 3. Having regard to the submissions made and also the facts and circumstances presented, I find, a narration of the disputes involved between the parties which is said to be between the Provincial Superior and the Nuns under her control emanating from rival claims over the management and administration of a School need not be adverted to for disposal of this petition. The learned counsel on both sides fairly submitted that since no final orders have been passed on the application for injunction, its merit can be considered by the trial court within a time limit fixed by this Court. The learned counsel for the petitioner also urged that whatever contentions raised impeaching the jurisdiction may also be reserved for being raised on the hearing of the application on merits. The Writ Petition is not disposed on merits and as such it is open to the petitioner to urge his contentions, whatever that be, against Exhibit P11 application on its hearing. In the Writ Petition, an interim order had been passed directing for keeping in abeyance Exhibit P12 order till the disposal of the Petition. That order shall continue to be in force till the injunction application moved by the respondent is disposed of on merits. The learned Munsiff is directed to hear and dispose WP(C).13397/09 3 P11 injunction application within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner (respondent in the injunction application) who has not filed the counter shall file counter, if any, within ten days. 4. The learned counsel for the respondent raised an apprehension that the order passed by this Court in the writ petition for keeping in abeyance the operation of P12 order as well as the direction issued now for its continued operation till the disposal of that application on merits may influence the learned Munsiff in disposing the application on merits. I direct the learned Munsiff to dispose of the interlocutory application untrammelled by any of the observations made by this Court in the present judgment or on the basis of the orders/directions given for keeping in abeyance the operation of P12 till the disposal of the application. The Writ Petition is disposed of as above. Communicate a copy of this judgment to the Munsiff concerned and also hand over a copy to the counsel on both sides on usual terms. S.S.SATHEESACHANDRAN, JUDGE vgs.