IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 OP(C).No. 54 of 2011(O) OS.79/2007 OF SUB COURT, HOSDRUG PETITIONER: THE KASARAGOD DISTRICT P.N. PANICKER SOUHRIDHA EDUCATIONAL CO-OPERATIVE SOCIETY LIMITEDNO.S.338, HOSDURG, KANHANGAD PO, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENTS: 1. SEENA JAYAN, AGED 30 YEARS, W/O.JAYAN, NARAMATHATTA HOUSE, CHEMMATTAMVAYAL, BALLA VILLAGE,HOSDURG TALUK- 671 531. 2. PUDUKKAI VAININGAT SREE VAIRAJATHAN EASWARAN KSHETHRA COMMITTEE VAININGAT, PO UPPILIKAI,PUTHUKAI VILLAGE-671 314. 3. C.V.KRISHNAN, AGED 59 YEARS S/O.KOMAN, TREASURER,PUDUKKAI VAININGAT SREE VAIRAJATHAN EASWARAN KSHETHRA COMMITTEE, VAININGAT, P.O.UPPILIKAI,PUTHUKAI VILLAGE- 671 314. 4. V.BALAMCHANDRAN, S/O.KRISHNAN SECRETARY,PUDUKKAI VAININGAT SREE VAIRAJATHAN EASWARAN KSHETHRA COMMITTEE, VAININGAT, P.O.UPPILIKAI,PUTHUKAI VILLAGE-671 314. R1 BY ADV. SRI.SURESH KUMAR KODOTH THIS OP (CIVIL) HAVING COME UP FOR HEARING ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT LEARNED COUNSEL FOR THE PETITIONER SUBMITTED THAT THE ORIGINAL PETITION HAS BECOME INFRUCTUOUS. THE ORIGINAL PETITION IS, ACCORDINGLY, DISMISSED AS INFRUCTUOUS. 8/6/2011 SD/- K.T.SANKARAN, JUDGE //true copy// ahz/ S.S.SATHEESACHANDRAN, J. ----------------------------------------------- O.P(C) No.54 of 2011 ------------------------------------------------------- Dated this the 5th day of January, 2012 JUDGMENT Plaintiffs in O.S No.59/2009 on the file of the Munsiff's Court, Thiruvananthapuram has filed this writ petition. Their application for interim injunction, after hearing both sides, had been negatived by the above court. An application filed by him to issue a Carbon Copy of such order still awaits to be complied with and in the meanwhile an order directing the respondent to maintain the status quo ante is not issued petitioners/plaintiffs would be put to sever injury is their case for invoking the extraordinary jurisdiction of this court for issue of a direction as aforesaid. The respondent, a statutory authority, has also entered appearance when the writ petition was moved seeking the relief as aforesaid. Immediately on disposal of the interim application for injunction, petitioners have applied for getting a Carbon Copy on the same day, is the submission of their counsel. There will be a direction to the court below to issue the Carbon Copy of the order passed in I.A No.52/2012 filed in the above suit expeditiously, at any rate, on or before 10-01-2012 subject to payment of required stamp fee as per Rules. So far as the request made for an order for status quo ante, it is needless to O.P(C) No.54/2011 2 point out that even if any interference over the subject matter involved is made by the respondent it is still subject to the pending lis and, so much so, if the petitioners are entitled to the interim relief canvassed for, they can set forth their claim before the appellate court, if their appeal against the interim order passed in the Interlocutory Application is entertained and taken on file. Subject to the observations/directions, the writ petition is disposed. Hand over a copy to the counsel appearing on both sides on usual terms and communicate the order to the court concerned. Registry is also directed to intimate the gist of the order to that court. Sd/- S.S.SATHEESACHANDRAN, JUDGE vdv //True Copy// P.A to Judge