IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 25597 of 2007(V) -------------------------- CMA.33/2001 of ADDL.DISTRICT COURT-I,MAVELIKKARA OS.160/2001 of SUB COURT, MAVELIKKARA .................... PETITIONER(S): --------------- P.R.DEVA DAS,PRESIDENT,AKILA KERALA VISWA KARMA MAHASABHA,H.O CHENGANNUR. BY ADV. SRI.A.N.RAJAN BABU SRI.V.N.SASIDHARAN SMT.K.SUNITHA VINOD SRI.P.GOPALAKRISHNAN (MVA) RESPONDENT(S): --------------- 1. AKILA KERALA VISWA KARMA MAHA SABHA, REPRESENTED BY GENERAL SECRETARY, M.V.RAJA GOPALAN. 2. M.V.RAJA GOPALAN, GENERAL SECRETARY, AKILA KERALA VISWA KARMA MAHA SABHA, CHENGANNOOR. 3. T.P.KUMARAN ACHARY,TREASURER, AKILA KERALA VISWA KARMA MAHA SABHA, CHENGANNOOR,JAYANTHI BHAVAN, VALIAMKULAM P.O,THIRUVALLA - 41. 4. VISWAKARMA SERVICE SOCIETY, PERUNNA,CHANGANACHERRY,REPRESENTED BY ITS PRESIDENT,T.S.THANKAPPAN,PALACE LANE, OPP.K.S.R.T.C STATION,PAPPANAMKODU P.O, THIRUVANANTHAPURAM. 5. TAMIL VISWAKARMA SAMOOHAM,ALAPPUZHA - II REPRESENTED BY PRESIDENT,V.RAJAPPAN,RESIDING AT SARASWATHI VILASAM,MANNANTHAZHIKATHU VEEDU, MULAMKADAKAM,KOLLAM-12. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1&2 SRI.S.SUJIN FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.25597/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.160/2001 OF THE SUB COURT, MAVELIKKARA. EXT.P2: COPY OF ORDER IN I.A.NO.906/01 DATED 24.7.2001 OF THE SUB COURT, MAVELIKKARA. EXT.P3: COPY OF THE ORDER NO.1107/E2/2002/TD DATED 17.4.2002. EXT.P4: COPY OF THE ORDER NO.L2-20453/2001 DATED 18.4.2002. EXT.P5: COPY OF THE JUDGMENT IN O.P.NO.12776/2002 DATED 21.3.2003 OF THIS HONOURABLE COURT. EXT.P6: COPY OF THE JUDGMENT IN W.A.NO.618/2003 DATED 9.3.2006 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE ORDER NO.L-2-20453/2001 DATED 16.5.2006. EXT.P8: COPY OF THE APPLICATION FILED BEFORE THE REGISTRAR, NON-TRADING COMPANY, VANCHIYOOR, THIRUVANANTHAPURAM, DATED 30.5.2006. EXT.P9: COPY OF THE JUDGMENT IN CMA.NO.33/2001 DATED 28.9.2006 OF THE DISTRICT COURT, MAVELIKKARA. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.25597 OF 2007 () ----------------------------------- Dated this the 8th day of January, 2010 J U D G M E N T Petitioner is the 1st defendant in O.S.No.160 of 2001 on the file of the Sub Court, Mavelikkara, now renumbered as O.S.No.85 of 2008 on transfer and pending for trial before the Sub Court, Chengannoor. Suit is one for declaration and for consequential injunction. Challenge in the writ petition is against the order passed in the interlocutory application for injunction, which was confirmed by the District Court in appeal. At the time of hearing, the learned counsel for the petitioner submits that the case has already come up in the special list for trial and is posted today for recording of evidence. In the above circumstances, the learned counsel requested for issue of a direction to the court below for an early disposal of the suit untrammelled by any of the observations made on the interlocutory application for injunction by the learned Sub Judge and also by the learned WPC.25597/07 2 District Judge in appeal. Having regard to the fact that the case has come up in the list for trial and taking note of the submissions made by the counsel, I find no further dilation on the pleadings or on the merit of the orders challenged in the writ petition is called for. Needless to point out that the observations or findings made by the court in the interlocutory proceedings shall not have any bearing or influence in the disposal of the suit on its merits. However, to alley the apprehension expressed by the petitioner, there will be a direction to the court below to dispose the suit untramelled by any of the observations made in the order passed on the application for injunction by the learned Sub Judge and also in the judgment rendered by the learned District Judge in the appeal. The court below is also directed to dispose the suit as expeditiously as possible. Writ petition is accordingly closed. S.S.SATHEESACHANDRAN JUDGE prp