IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 RFA.No. 384 of 2005() --------------------- OS.494/2002 of I ADDL.SUB COURT, THRISSUR .................... (S): APPELLANT ----------------------------- 1. ST.FRANCIES READING ASSOCIATION, MATTOM REPRESENTED BY ITS PRESENT SECRETARY, SHRI.M.T.GEORGE, MATTOM, THRISSUR-660 602. 2. ST.FRANCIS READING ASSOCIATION, MATTOM REPRESENTED BY ITS CORPORATE MANAGER, SHRI.E.K.THOMAS, MATTOM, THRISSUR-660 602. ADDL.APPELLANTS IMPLEADED : 3. ST.FRANCIS READING ASSOCIATION, MATTOM, REP. BY ITS PRESENT SECRETARY, M.M.FRANCIS, S/O.LATE M.P.MATHEW, RESIDING AT MULAKKAL HOUSE, P.O.NAMBASHIKKAD, MATTOM, THRICHUR DIST. 4.ST.FRANCIS READING ASSOCIATION, MATTOM, REP. AS THE PRESENT ELECTED MANAGER OF THE THREE SCHOOLS OF THE ASSOCIATION, JOSEPH JACOB C., S/O.LATE C.M.JACOB, RESIDING AT CHIRAMAL HOUSE, S.V.COLONY, CALICUT-6, KOZHIKODE DIST. (IMPLEADED AS ADDL. APPELLANTS 3 AND 4 VIDE ORDER DT. 3.3.2010 IN I.A.657/10.) BY ADV. SRI.PHILIP ANTONY CHACKO SRI.K.A.ANAS RESPONDENT(S): --------------- 1. ST.THOMAS FERONA CHRUCH, MATTOM, MATTOM DESOM, ALOOR VILLAGE, THALAPPILLY TALUK, REPRESENTED BY THE PRESENT VICAR FR.VARGHESE POOVATHINGAL. 2. SHRI.M.I.ANTO, S/O.MULAKKAL INASU, FORMER SECRETARY, ST.FRANCIS READING ASSOCIATION, MATTOM, MATTOM DESOM, ALOOR VILLAGE, THALAPPILLY TALUK. 3. SHRI.K.J.JOSE, S/O.KAKKASSERY JOSEPH, FORMER CORPORATE MANAGER, ST.FRANCIS READING ASSOCIATION, MATTOM, MATTOM DESOM, ALOOR VILLAGE, THALAPPILLY TALUK. ADDL.RESPONDENTS IMPLEADED : 4. K.M.JOSEPH, S/O.MATHU, MEMBER, ST.FRANCIS READING ASSOCIATION, MATTOM, RESIDING AT KATTOOKKARAN HOUSE, MATTOM P.O., THRISSUR DIST. 5.C.NICHOLAS, S/O.MATHU, MEMBER, ST.FRANCIS READING ASSOCIATION, MATTOM, RESIDING AT CHIRAMAL HOUSE, NAMBATHIKKAD P.O., VIA.MATTOM, THRISSUR DIST. 6.M.O.LOUIS, S/O.M.THOMAS OUSEPH, MEMBER, ST.FRANCIS READING ASSOCIATION, MATTOM, RESIDING AT MULAKKAL HOUSE, EDAKKALATHOOR P.O., THRISSUR DIST. 7.K.L.CHAKKORU, S/O.LONA, MEMBER, ST.FRANCIS READING ASSOCIATION, MATTOM, RESIDING AT KAKKASSERI HOUSE, MATTOM P.O. THRISSUR DIST. 8.CHAKKUNNI K.J. ALIAS JOMON, S/O.JOSEPH, MEMBER, ST.FRANCIS READING ASSOCIATION, MATTOM, RESIDING AT KAKKASSERI HOUSE, MISSION QUARTERS, THRISSUR. 9.T.T.MATHAPPAN, S/O.THOMA, MEMBER, ST.FRANCIS READING ASSOCIATION, MATTOM, RESIDING AT THANIKKAL HOUSE, CHELOOR P.O., THRISSUR. (RESPONDENTS 4 TO 9 ARE IMPLEADED AS PER ORDER DT. 3.3.10 IN I.A.689/10) ADV. SRI.DEEPU THANKAN FOR R2 & 3 SMT.C.S.SHEEJA FOR R1 SRI.P.M.SEBASTIAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.4531/09 & 1119/2010 IN R.F.A.NO.384/2005 DISMISSED 7.4.2010 SD/- PIUS C.KURIAKOSE, JUDGE. SD/- C.K.ABDUL REHIM, JUDGE. PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ RFA. No. 384 of 2005 ------------------------------------------- Dated this the 7th day of April, 2010 J U D G M E N T Pius C. Kuriakose, J. Advocate Smt.G.Renjita representing her senior Mr.Deepu Thankan submits that the first respondent Church seeks leave of the Court to withdraw from the suit. We record the above submission and grant leave. The suit is dismissed as withdrawn. The appeal stands disposed of in view of the dismissal of the suit. Sri.Philip Antony Chacko, learned counsel for the appellant drew our attention to an application for injunction filed by the appellant association. He pressed for orders on the injunction petition. We are of the view that it is not necessary to consider the injunction petition in view of the decision in the appeal granting leave to the first respondent plaintiff for withdrawing from the suit. If appellant has any fresh cause of action arising in favour of the appellant RFA. 384 of 2005 - 2 - against the respondent church, the disposal of the appeal in the present manner will not stand in the way of the appellant initiating appropriate proceedings on the basis of such cause of action. Sri.Philip Antony Chacko presses for costs to the appellant. According to him, there is justification for awarding cost to the appellant since respondent church unnecessarily dragged the appellant into a litigation. We are not inclined to award cost. However, since the appeal is being decided solely on the basis of withdrawal of the suit by the first respondent plaintiff, we order refund of one half of the court fee paid on the appeal memo to Sri.Philip Antony Chacko, learned counsel for the appellant. Sd/- PIUS C.KURIAKOSE, JUDGE Sd/- C.K. ABDUL REHIM, JUDGE ksv/- The first paragraph of the judgment dated 07/04/2010 in R.F.A. 384/2005 is substituted as follows: “Advocate Smt. C.S.Sheeja on behalf of the first RFA. 384 of 2005 - 3 - respondent/church seeks leave of the court to withdraw from the suit. We record the above submission and grant leave. The suit is dismissed as withdrawn. Appeal will stand disposed of in view of the withdrawal of the suit”. vide order dated 15-11-2010 in R.F.A. 384/2005