IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 OP(C).No. 116 of 2011(O) ------------------------ OS.479/2006 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONERS : ---------------------- 1. VISWA BRAHMANA SAMOOHAM TRUST, REP.BY ITS PRESIDENT SANTHOSH, TKS PURAM, METHALA VILLAGE, KODUNGALLUR. 2. GANESAN, SECRETARY, DO. 3. HARIYAPPAN, TREASURER, DO. BY ADV. SRI.P.K.ANIL RESPONDENT(S): --------------- 1. VISWA BRAHMANA SAMOOHAM TRUST, REP. BY PRESIDENT RAJAPPANACHARI, KODUNGALLUR TALUK. 2. V.K.UNNI, TREASURER, DO. 3. VISWA BRAHMANA SAMOOHAM REGISTERED SOCIETY, REP. BY EXECUTIVE COMMITTEE MEMBERS V.K.UNNI. 4. RAJAPPANACHARI, DO. 5. THANKA ACHARI, DO. 6. RAJAN, DO. 7. VENU, DO. 8. VISWA BRAHMANA SAMRAKSHANA SAMITHI, KODUNGALLUR. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- O.P.(C).No.116 of 2011 O --------------------------------------------- Dated this the 11th day of January, 2011 JUDGMENT The petitioners filed I.A.No.1664 of 2010 in O.S.No.479 of 2006 on the file of the court of the Munsiff of Kodungallur for joint trial of O.S.No.479 of 2006 along with O.S.Nos.263 of 2005, 284 of 2005, 304 of 2005, 305 of 2005 and 306 of 2005. The court below by the order dated 13th October, 2010 dismissed that application, which is under challenge in this Original Petition. 2. O.S.No.479 of 2006 was filed by the petitioners, who are the alleged office bearers of Kodungllur Viswa Brahmana Samooham Trust. The defendants in the suit are Viswa Brahmana Samooham and its office bearers. The prayer made in the suit is for a declaration that the liability to repay the amount deposited by the depositors rests only with the first defendant and that the plaintiff and O.P.(C) No.116 of 2011 O 2 its properties are not liable for the same. 3. O.S.Nos.263 of 2005, 284 of 2005, 304 of 2005, 305 of 2005 and 306 of 2005 were filed by the depositors of Viswa Brahmana Samooham for realisation of the amount deposited by them. Those suits were dismissed by the trial court. Appeals were filed. The appellate court set aside the judgment and decree of the trial court and remanded the case for fresh disposal in the light of the directions contained in the judgment. Those suits are pending disposal. 4. O.S.No.105 of 2005 being a connected suit, an order was passed to try the same along with O.S.No.479 of 2006, on the application filed by the petitioners. Later, the petitioners filed another application for a joint trial of O.S.No.479 of 2006 along with O.S.No.263 of 2005, 284 of 2005, 304 of 2005, 305 of 2005 and 306 of 2005. That application was dismissed as not pressed. Later, the petitioners have filed the present application for joint trial. The court below held that the application cannot be allowed O.P.(C) No.116 of 2011 O 3 since the suits sought to be tried jointly along with the present suit, are pending disposal as per the directions of the appellate court and those suits are to be disposed of in the light of the directions contained in the remand order. The plaintiffs in O.S.Nos.263 of 2005, 284 of 2005, 304 of 2005, 305 of 2005 and 306 of 2005 are not parties to O.S.No.479 of 2006. On that ground also, a joint trial is not proper. O.S.No.479 of 2006 is to be tried while the other suits are to be disposed of in the manner directed by the appellate court in the remand order. Cogent reasons are stated by the court below for dismissal of the application for joint trial. No grounds are made out for interference under Article 227 of the Constitution of India. The Original Petition is accordingly dismissed. K.T.SANKARAN JUDGE csl