IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).NO. 4995 OF 2010(O) ---------------------------------------- CMA.58/2008 OF I ADDL.DISTRICT COURT, ERNAKULAM OS.659/2008 OF II ADDL.M.C., ERNAKULAM .................... PETITIONER(S): ----------------------- 1. THE CENTRAL BOARD OF ANGLO INDIAN EDUCATION, KERALA STATE (REG:NO.8/1953), PERUMANOOR, KOCH-682 015. REP. BY ITS SECRETARY, CHARLES DIAS, AGED 58 YEARS, S/O.LATE JOSEPH DIAS, RESIDING AT "TINAAR DALE", MAJOR ROAD, VYTTILA, KOCHI - 682 019. 2. THE UNION OF ANGLO INDIAN ASSOCIATIONS, KERALA STATE (REG:NO.9/53), PERUMANOOR, KOCH-682 015, REP. BY ITS GENERAL SECRETARY, KEVIN D'ROZARIO, AGED 49 YEARS, S/O.LATE VINCENT D'ROZARIO, RESIDING AT H.NO.XI/5000, HIGH COURT ROAD, ERNAKULAM, COCHIN - 682 031. BY ADV. SRI.G.RAJAGOPAL SMT.N.RENJINEE DEVI RESPONDENT(S): ------------------------ 1. PERCY PRAKASIA, AGED ABOUT 60 YEARS, S/O.MATHEW PRAKASIA, ARAKKAL HOUSE, KALUPURACKAL PARAMBU, PERUMANOOR, COCHIN-682 015. 2. ANTONY FERNANDEZ, AGED ABOUT 63 YEARS, S/O.LATE JOHN FERNANDEZ, KALUPURACKAL HOUSE, NETTOOR P.O., ERNAKULAM. 3. VINCENT FERNANDEZ, AGED ABOUT 50 YEARS, S/O.LATE VINCENT FERNANDEZ, MALIAKKAL HOUSE, THOPPUMPADY, COCHIN - 682 005. 4. ANDREW LUIZ, AGED ABOUT 72 YEARS, S/O.LATE ESTAVA LUIZ, RESIDING AT CHERUPUNNATHIL HOUSE, STEVE VILLA, PERUMANOOR, KOCHI - 682 015. 5. MELVIN D'CUNHA, AGED ABOUT 50 YEARS, S/O.ANTONY D'CUNHA, ILLICKAL HOUSE, KONTHURUTHY, COCHIN - 682 013. 6. BENNY D'CUNHA, AGED ABOUT 63 YEARS, S/O.ANTONY D'CUNHA, ILLICKAL HOUSE, CHERIYA KADAVANTHRA, COCHIN - 682 020. 7. JOSEPH MAXY LUIZ, AGED ABOUT 64 YEARS, S/O.JOHN LUIZ, CHERUPUNNATHIL HOUSE, PANAMPILLY NAGAR, KOCHI - 682 036. ADV. SRI.N.C.JOSEPH FOR R1,2,7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.4995 of 2010 ==================================== Dated this the 27th day of July, 2010 J U D G M E N T This Writ Petition is in challenge of the order of learned Additional Munsiff-II, Ernakulam on I.A. No.3534 of 2008 in O.S. No.659 of 2008. That is an application for injunction to restrain respondents-defendants from interfering with the affairs and activities of petitioner, collecting amount from parents of students illegally and without authority. Defendants opposed the application. Though there was an interim order of injunction learned Munsiff after hearing both sides dismissed I.A. No.3534 of 2008. That order has been confirmed by the learned District Judge, Ernakulam in C.M.A. No.58 of 2008. Judgment of learned District Judge is under challenge at the instance of petitioners-plaintiffs. 2. When this Writ petition was taken up for hearing learned counsel for respondents-defendants submitted that the suit was once included in the list for trial but on account of the order of stay issued from this Court trial could not commence. Learned counsel for petitioners contended that there are four other connected cases pending in the court of learned Additional W.P(C) No.4995 of 2010 -: 2 :- Munsiff-I and to facilitate joint trial with those sits petitioners have already moved the learned District Judge, Ernakulam for transfer of O.S.No.659 of 2008 from the court of learned Additional Munsiff-II, Ernakulam. According to the learned counsel if the suits are consolidated in the same court trial could proceed. Learned counsel for respondents states that respondents have no objection in O.S. No.659 of 2008 being transferred to the court of learned Additional Munsiff-I, Ernakulam. Since the suit is otherwise ripe for trial it is not necessary for me to consider the challenge to the judgment of learned District Judge in the C.M.Appeal confirming dismissal of I.A. No.3534 of 2008. parties can agitate the contentious issues in the suit itself. In the circumstances I do not find it necessary to go into the contentions raised in this Writ Petition. Learned Munsiff shall dispose of the suit untrammelled by the observations in the order/judgment under challenge. With the above direction Writ Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv