IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 OP(C).No. 3044 of 2011(O) ------------------------- OS.477/2009 of II ADDL.SUB COURT,THIRUVANANTHAPURAM .................... PETITIONERS(S): ------------------------------- 1. SHREE VIDYADHIRAJA VIDYA SAMAJAM, "ASWATHY", HINDU MISSION ROAD, THIRUVANANTHAPURAM-1, REP. BY ITS SECRETARY DR.R. AJAY KUMAR. 2. DR.R. AJAY KUMAR, S/O.R.RAMACHANDRAN NAIR, "MAIDAN VILLA", HINDU MISSION ROAD, TRIVANDRUM-1. BY ADV. SRI.SANTHAN V.NAIR SRI.V.GOPIKRISHNA SRI.V.V.MITHUN RESPONDENT(S): --------------- (*)1. THE SHIRASTADAR, SUBORDINATE JUDGE'S COURT, DISTRICT COURT COMPLEX, VANCHIYOOR, TRIVANDRUM-695 001.(DELETED) 2. P.N.KRISHNA PILLAI, S/O. NARAYANA PILLAI, SOUPARNIKA, ALUMMOODU JN., NEYYATTINKARA, THIRUVANANTHAPURAM-695 121. (*)FIRST RESPONDENT IS DELETED FROM PARTY ARRAY VIDE JUDGMENT DATED 22.09.2011. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3044/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE PLAINT IN OS NO.477/2009 ON TH FILES OF THE 2ND ADL. SUB COURT, TRIVANDRUM. EXT.P2 TRUE COPY OF THE IA NO.2594/2009 IN OS NO.477/2009 ON THE FILES OF THE 2ND ADDL. SUB COURT, TRIVANDRUM. EXT.P3 TRUE COPY OF THE ORDER IN IA NO.2594/2009 IN OS NO.477/2009 ON THE FILES OF THE 2ND ADDL.SUB. COURT, TRIVANDRUM. EXT.P4 TRUE COPY OOF THE REPORT FILED BY THE MESSENGER EVIDENCING COMMUNICATION OF EXT.P3 ORDER TO THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 26.8.2009 NUMBERED AS IA NO.6299/2009 IN OS NO.477/2009 EXT.P6 TRUE COPY OF THE PROSECUTION PETITION FILED AS IA NO.4713/11 IN OS NO.477/2009 DT.28.7.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3044 of 2011 -------------------------------------- Dated this the 22nd day of September, 2011. JUDGMENT 1st respondent is deleted from the array of parties. Registry shall make necessary correction in the cause title. 2. Plaintiffs in O.S.No.477 of 2009 of the court of learned II Additional Sub Judge, Thiruvananthapuram are the petitioners before me seeking a direction to the learned Additional Sub Judge to take legal action against the respondent for alleged violation of Ext.P3, order of injunction dated 07.04.2009. According to the petitioners they obtained Ext.P3, order of injunction restraining the respondent from impersonating himself as Secretary of the 1st petitioner – samajam and creating documents affecting the interest of the samajam. It is contended that Ext.P3, order was served on the respondent on 15.04.2009. But thereafter respondent, though did not file written statement or objection to the application for injunction, he is persistently indulging in violation of Ext.P3, order. That required petitioners to file Exts.P5 and P6, applications to take action against respondent for violation. It is submitted that those applications are pending consideration and the respondent is continuing violation of Ext.P3, order of injunction. OP(C)No.3044/2011 2 3. If Exts.P5 and P6, applications are still pending, there is no legal impediment in considering those applications and if steps on those applications are over, there is no reason why learned Additional Sub Judge should not dispose of the said applications. Resultantly this Original Petition is disposed of directing learned II Additional Sub Judge, Thiruvananthapuram to dispose of Exts.P5 and P6, applications if steps on those applications are over and there is no legal impediment in its disposal, as early as possible. THOMAS P.JOSEPH, Judge. cks