IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 15521 of 2008(W) -------------------------- AGAINST THE ORDER DATED / / IN OS........../2008 IN IA.3109/2008 of VI ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONER: ------------ ANDREW LUIZ, S/O.ESTAVE LUIZ, AGED 71 YRS, LOCAL MANAGER, CCPLN AIHS, PERUMANNOOR, KOCHI-15. BY ADV. SRI.N.C.JOSEPH RESPONDENTS: ------------- 1. THE CENTRAL BOARD OF ANGLO INDIAN EDUCATION, KERALA STATE REPRESENTED BY ITS SECRETARY CHALES DIAN, AGED 57 YRS, S/O.JOSEPH DIAN, TEENAR DALE, MAJOR ROAD, VYTTILLA, KOCHI-682 015. 2. UNION OF ANGLO INDIAN ASSOCIATION KERALA STATE REPRESENTED BY ITS GENERAL SECRETARY KOVIN D' ROSARIO AGED 48, S/O.VINCENT D'ROSARIO, RESIDING AT HOUSE NO.11/5000 HIGH COURT ROAD, ERNAKULAM, KOCHI-682 031. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.15521 of 2008 ------------------------------- Dated this the 26th May, 2008. J U D G M E N T Defendant in a suit filed before the Vacation Court (District Court, Ernakulam) is the petitioner. Respondent is the plaintiff. In that suit, respondent filed I.A.NO.3109/08 seeking an order of temporary injunction restraining respondents therein, including the petitioner herein who was the 4th respondent, from doing any acts, deeds or things, in respect of the plaint schedule property. Under Ext.P11, an ex-parte order of temporary injunction was granted. This petition is filed under Article 227 of the Constitution of India to quash Ext.P11 order. 2. The learned counsel appearing for the petitioner was heard. The argument of the learned counsel is that the suit was instituted by the Central Board of Anglo Indian Education represented by Secretary, along with the Union of Anglo Indian Assosciation, and earlier O.S.No.1624/05 was filed before the Munsiff Court, Ernakulam, by the same Central Board of Anglo Indian Education, represented by W.P.(C) No.15521/2008 2 its Chairman, against the petitioner herein, seeking a decree for declaration as well as injunction, which was dismissed under Ext.P1 judgment and confirmed by the District Court under Ext.P2 judgment in A.S.No.239/2007, and in such circumstances, Vacation Court should not have granted an ex-parte order of injunction. Ext.P11 is only a served copy of order of injunction on the petitioner. From Ext.P11 it is not known, on what basis the ex-parte order of injunction was granted and whether the fact that Ext.P1 and Ext.P2 judgments were brought to the notice of the learned District Judge or not. But the interlocutory order passed by the Vacation Court is in the application filed under Order XXXIX Rule 1 of Code of Civil Procedure which is pending. That petition is necessary to be heard and disposed of by the concerned Munsiff. 3. The learned counsel for the petitioner further submitted that the Munsiff Court has not taken up the suit or the petition, and therefore, petitioner cannot get Ext.P11 order vacated by the learned Munsiff. Question whether respondent is entitled to the order of temporary injunction is to be decided in I.A.No.3109/08, which shall necessarily be heard and disposed by the concerned Munsiff. It is not for this Court to interfere with Ext.P11 order. W.P.(C) No.15521/2008 3 Petitioner is at liberty to approach the concerned Munsiff to vacate Ext.P11 Order. The Munsiff shall pass final order in the application, without further delay. If the suit is not numbered, as submitted by the learned counsel, the Munsiff, Ernakulam, is to number the suit forthwith and post the application to 31.5.2008 itself. If the petitioner files an application to vacate Ext.P11 order, the learned Munsiff has to pass appropriate order in that application on that day. The learned Munsiff is also directed to decide whether order is to continue or to vacate, if the petition cannot finally be disposed on merit on that date. It is made clear that Munsiff has to pass final order on the application within 30 days from that date. Writ petition is disposed of as above. M.SASIDHARAN NAMBIAR, JUDGE nj.