IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 20201 of 2008(E) -------------------------------------- OS.442/2008 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONER: ------------------ CHALAKUDY NSS EDUCATIONAL CALTURAL AND CHARITABLE SOCIETY, REG.NO.254/1980, REP. BY ITS SECRETARY, P.THARANATHA MENON, 83 YEARS S/O.LAKSHMIKUTTY AMMA. BY ADV. SRI.RENJITH THAMPAN RESPONDENTS: --------------------- 1. E.NARAYANA MENON, AGED 69 YEARAS S/O.KRISHNAN NAIR, VAIRELI HOUSE CHENATHUNADU, KIZHEKKE CHALAKUDY, CHALAKUDY POST OFFICE. 2. GOVINDA PANICKER, AGED 72 YEARS S/O.KALLARAKKAL KRISHNAN NAIR CHENATHUNADU , KIZHEKKE CHALAKUDY, CHALAKUDY POST OFFICE. 3. CHANDRASEKHARAN, AGED 64 YEARS, SREENILAYAM RB ROAD, KIZHEKKE CHALAKUDY, CHALAKUDY.P.O. 4. AJITHKUMAR, AGED 42 YEARS S/O.KUZHIKKATTIL KOCHUNARAYANA MENON IQ.ROAD, KIZHAKKE CHALAKUDY, CHALAKUDY.P.O. 5. MOHANAN, S/O.GOURIAMMA POUKKATTU HOUSE NEAR MADATHAMPILLY TEMPLE KIZHAMMA CHALAKUDY, CHALAKUDY.P.O. 6. SADANANDAN, AGED 59 YEARSL, KUZHIKKATTIL HOUSE IQ.ROAD, KIZHAMME CHALAKUDY, CHALAKUDY.P.O. 7. SREEJUMAR, AGED 37 YEARS, KUZHIKKATTIL HOUSE, I.Q. ROAD, KIZHAMME CHALAKUDY, CHALAKUDY.P.O. W.P.(C).20201/2008-E 8. BALAKRISHNAN, AGED 66 YEARS S/O.THAPPAT MADHAVI AMMA PADINJARE CHALAKUDY, CHALAKUDY.P.O. 9. ASHOKKUMAR, AGED 49 YEARS, S/O.MELEDATH SANKARAN NAIR, PADINJARE CHALAKUDY, CHALAKUDY.P.O. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 20201 OF 2008 ............................................ DATED THIS THE 4th DAY OF JULY, 2008 JUDGMENT Petitioner is the first defendant in O.S.442 of 2008 on the file of Sub Court, Irinjalakuda. The suit is filed under Section 92 of Code of Civil Procedure, seeking a decree for mandatory injunction and consequential reliefs. I.A.2300 of 2008 was filed under Order XXXIX Rule 1 for an order of temporary injunction till the disposal of the suit. Petitioner has filed objection. He also filed objection to Ext.P2 petition, filed by plaintiff for leave as provided under Section 92 of Code of Civil Procedure. This petition is filed under Article 227 of Constitution of India for a direction to Sub Court, Irinjalakuda to dispose Ext.P2 petition within a time frame, contending that the suit is not maintainable as first respondent is a private trust and not a public trust. 2. Learned counsel appearing for petitioner was heard. The argument of the learned counsel, relying on the decision of this court in Abhaya V. Raheem (2005(3) KLT 891) is that Section 92 of the Code of Civil Procedure has no application to a private trust as in this case and therefore petition filed under Section 92 for leave of the court is not sustainable. That is a WP(C) 20201/2008 2 question to be decided by Sub Court, Irinjalakuda. Learned Sub Judge is directed to consider Ext.P2 petition either before the disposal of the injunction application or along with the same, in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE lgk/-