IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 OP(C).No. 234 of 2010(O) ------------------------ OS.828/2010 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: -------------------- R.HARIPRASAD, S/O.RAGHAVAN PILLAI, T.C.28/1629, PULLUMADOM, SREEKANTESWARAM, FORT.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENTS: --------------- 1. MANNAM MEMMORIAL NATIONAL CLUB, T.C.26/329, SECRETARIAT WARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. LAMBODHARAN NAIR, SECRETARY, MANNAM MEMMORIAL NATIONAL CLUB, T.C.26/329, SECRETARIAT WARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.234 of 2010 --------------------------------------- Dated this 08th day of October, 2010 JUDGMENT Petitioner is plaintiff No.1 in O.S.No.828 of 2010 of the court of learned Additional Sub Judge-II, Thiruvananthapuram. The suit is for a declaration that one Murali K Sreedhar who was elected as office bearer in the general body meeting of the society held on 29-03-2009 is entitled to continue in office, decision of the executive committee allegedly taken on 25-05- 2010 is illegal and is liable to be set aside and for other reliefs. The suit was filed on 06-07-2010. There was an application for temporary injunction to which respondents filed their objection. Petitioner wanted early hearing of the matter and filed application to advance the hearing. That application is dismissed by Ext.P3, order. Learned counsel argued that no reason is stated for dismissal of the application to advance the hearing. It is also argued that since the term of office of the committee would expire soon, the matter has to be heard at the earliest, lest, it would become infructuous. 2. It is seen that suit is of the year 2010. Declaration sought is that one Murali K Sreedhar is entitled to continue as C.R.P.No. / O.P(C).No. of 2010 : 2 : office bearer notwithstanding the decision (if any) taken by the society. Petitioner is not seeking any relief individually. Learned Sub Judge obviously must had in his mind the fact that suit is of the year 2010 and older matters are pending consideration of the court. Having heard counsel for petitioner I do not find reason to interfere with the order under challenge. But I make it clear that Ext.P3, order will not stand in the way of petitioner requesting for early hearing of the matter at a later point of time if circumstances warranted and justified that. With the above observation this petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-