IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 27728 of 2009(O) ------------------------------------- CMA.7/2008 of SUB COURT, OTTAPPALAM .................... PETITIONER(S): ------------------------- V.ABDULLAKUTTY HAJI, S/O.CHERIYABAPPU HAJI, AGED 59 YEARS, VARAMANGALATH HOUSE, PALLIPRAM AMSOM AND DESOM, OTTAPALAM TALUK. BY ADVS.MR.P.K.SURESH KUMAR SMT.P.JAYALAKSHMI RESPONDENT(S): ------------------------- 1. AL-AMEEN EDUCATION TRUST BY SECRETARY C.K.ABDULLA, S/O.CHERUKUMZHIYIL ALAVI, KULAPPULLY AMSOM, OTTAPALAM TALUK. *2. HALEEMA HAJUMMA, W/O.V.P.KUNHIMOIDEEN HAJI, VILAYUR VILLAGE, EDAPPALAM DESOM, OTTAPALAM TALUK. *3. KOLATH PARAMBIL YOUSUFKUTTY, RESIDING AT EDAPPALAM DESOM, VILAYUR VILLAGE, OTTAPALAM TALUK. * 4. UMMER, S/O.YOUSUFKUTTY, -DO-, -D0-. 5. CHERIYA BAPPU HAJI MEMORIAL TRUST, BY MANAGING TRUSTEE AYISSAKUTTY, W/O.VARAMANGALATH ABDULLAKUTTY HAJI, RESIDING AT -DO-, -DO-. *R2 TO R4 ARE DELETED R2 TO R4 ARE DELETED FROM THE PARTY ARRAY OF THE RISK OF THE PETITIONER AS PER ORDER DTD. 16.10.2009 ON IA. 12557/2009. R1 BY ADV. MR. K.JAYAKUMAR R5 BY ADV. SRI.K.P.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27728/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TRUST DEED REGISTERED AS DO. NO.27/95 OF THE ASRO, PATTAMBI DTD. 10.2.95. P2:- COPY OF THE TRUST DEED REGISTERED AS DOC. 153/01 DTD. 26.11.01. P3:- COPY OF THE JUDGMENT DTD. 22.10.07 IN WPC. 5886/07 PASSED BY THIS HONOURABLE COURT. P4:- COPY OF THE JUDGMENT DTD. 8.7.08 IN WPC. 15534/08 PASSED BY THIS HONOURABLE COURT. P5:- COPY OF THE ORDER DTD. 19.9.08 IN RP. 990/08 PASSED BY THIS HONOURABLE COURT. P6:- COPY OF THE ORDER DTD. 8.2.08 IN IA. 159/08 IN OS. 469/05 PASSED BY MUNSIFF'S COURT, OTTAPALAM. P7:- COPY OF THE JUDGMENT DTD. 18.7.09 IN CMA. 7/08 PASSED BY SUBORDINATE JUDGE'S COURT, OTTAPALAM. P8:- COPY OF THE ORDER NO.GO(RT) NO.3313/09/G.EDN. DTD. 6.8.09 PASSED BY GOVT. OF KERALA, GENERAL EDUCATION (F) DEPARTMENT. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.27728 OF 2009 -------------------------- Dated this the 28th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Set aside Ext.P7 judgment passed by the Sub Court, Ottpalam and to dismiss I.S No.159 of 2008 in O.S No.469 of 2005 on the file of the Munsiff Court, Ottapalam. ii) Issue such other orders as are deemed fit and proper in the circumstances of the case. 2. Petitioner is the first defendant in O.S No.469/2005 on the file of the Munsiff Court, Ottapalam. Suit is filed for a declaration that the power of attorney alleged to have been executed in favour of the first defendant is void, and for a prohibitory injunction restraining the first defendant from transferring the ownership of the W.P.(C).No.27728 OF 2009 Page numbers school which is stated to be owned by the plaintiff trust. With the suit, the plaintiff moved an application for interim injunction to restrain the first defendant, who is functioning as the manager of the school of the trust from appointing teachers and also from transferring the ownership of the school to the 5th defendant. The first defendant resisted the suit claim by filing a written statement. Objection was also filed to the interlocutory application. Learned Munsiff after hearing both sides dismissed the interlocutory application moved by the plaintiff for interim injunction vide Ext.P6 order. Plaintiff challenged Ext.P6 order preferring an appeal before the Sub Court, Ottapalam. The learned Sub Judge reversed Ext.P6 order and granted an order of interim injunction to the extent of restraining the first respondent from transferring the ownership of the school to the 5th defendant. Propriety and correctness of Ext.P7 judgment is challenged in the writ petition invoking the supervisory jurisdiction W.P.(C).No.27728 OF 2009 Page numbers vested with this court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. At the time of hearing, it has been brought to my notice, the suit included in the special list has come up for trial and in view of an adjournment sought for by one of the parties it is now posted to 04/11/2004 to commence the trial. When that be the case, any order by this court on merits after examining the correctness of Ext.P7 order is totally unwarranted as findings or observations of this court may have some ramification in the decision to be passed on the basis of the materials produced in the case and in accordance with law. Disputes involved in the case relate to the ownership and management of a school over which rival claims are set up by the parties. A quietus to the whole controversies after a trial is the need of the hour. So much so, without going into the merits of Ext.P7 judgment challenged in the W.P.(C).No.27728 OF 2009 Page numbers writ petition, I direct the learned Munsiff to dispose the suit as expeditiously as possible untrammelled by any of the observations made in Ext.P6 order or in Ext.P7 judgment rendered by the learned Sub Judge. It is also made clear that irrespective of the order of injunction passed in Ext.P7, it is open to the petitioner to canvass whatever grounds available to him under law to sustain the order stated to have been passed by the Government after the passing of the order of injunction according sanction for transfer of ownership of the school. Counsel on both sides submits that the order so passed by the Government is now pending adjudication in a writ petitio0n before this court. That being so, no further comments over the matter need be made at this stage. Subject to the above observations, the writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE vdv P.A TO JUDGE