IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 21751 of 2007(M) --------------------------------------- CMA.59/2006 OF ADDITIONAL DISTRICT COURT, PATHANAMTHITTA .................... PETITIONER: ------------------- SALVATION ARMY, REPRESENTED BY ITS DIVISIONAL COMMANDER MAJOR N.J.GEORGE, S/O. ABRAHAM JOSEPH, AGED 56 YEARS, RESIDING AT SALVATION ARMY QUARTERS, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS: ------------------------ 1. THOMAS, S/O. CHACKO, AGED 57 YEARS, RESIDING AT MUKKUVALLICKAL, ELAVUMTHITTA MURI, MEZHUVELI VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. JOSEPH, S/O. CHACKO, AGED 42 YEARS, -DO- -DO-. 3. SARASAMMA, W/O. MOHANAN, AGED 50 YEARS, RESIDING AT CHAKKALAYIL PUTHENVEEDU ELAVUMTHITTA MURI, MEZHUVELI VILLAGE FROM MELEDATHU VEEDU, ELANTHOOR EAST MURI & VILLAGE, PATHANAMTHITTA DISTRICT. 4. AJI KUMAR, S/O. MOHANAN, AGED 30 YEARS, -DO- -DO-. BY ADV. SRI.G.UNNIKRISHNON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21751 OF 2007-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PLAINT IN O.S.NO.12/2006 ON THE FILE OF THE MUNSIFF'S COURT, PATHANAMTHITTA EXT.P2 TRUE COPY OF ORDER DATED 23.11.2006 IN I.A.NO.82/2006 IN O.S.12/2006 OF THE MUNSIFF'S COURT, PATHANAMTHITTA EXT.P3 TRUE COPY OF JUDGMENT DT.3.4.2007 IN C.M.A.59/2006 OF THE ADDL. DISTRICT JUDGE, PATHANAMTHITTA. / TRUE COPY / HARUN-UL-RASHID, J. ------------------------------------------- W.P.(C) No.21751 of 2007 ------------------------------------------ Dated, this the 22nd day of January, 2009 JUDGMENT The 10th defendant in O.S.No.12 of 2006 on the file of the Munsiff Court, Pathanamthitta is the writ petitioner. The suit was filed for a declaration that the burial in the disputed property is illegal. In the interlocutory application filed for temporary injunction, the trial court passed Ext.P2 order dismissing the same. In the Civil Miscellaneous Appeal filed before the Additional District Court, Pathanamthitta, Ext.P2 order was reversed and the appellate court granted the interim injunction as prayed for. Ext.P3 is the judgment of the appellate court. Ext.P3 is challenged in this writ petition. 2. The suit was filed in the year 2006 and the same was numbered as O.S.No.12 of 2006. The appellate court granted injunction on 3.4.2007. The order of injunction is still in force. The suit is ripe for trial and disposal. In the circumstances, the only direction necessary at this point of time is a direction to the court below to dispose of the suit within the shortest time possible, at any rate, before the mid summer vacation. Learned counsel for the W.P.(C) NO.21751 of 2007 2 petitioner submitted that for the reasons stated in the written statement, the suit itself is not maintainable. Maintainability of th suit shall also be examined by the trial court along with the other issues. The order of injunction passed by the appellate court shall continue till the matter is disposed of by the court below. The court below shall dispose of the suit untrammelled by the findings and observations made by the appellate court in the Civil Miscellaneous Appeal. The parties shall appear before the court below on 30.1.2009. The defendants are at liberty to make an application for necessary orders in case of any death takes place for burial in the meanwhile. Writ petition is disposed of as above. HARUN-UL-RASHID (JUDGE) vns