IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 OP(C).No. 31 of 2011(O) --------------------------------- [CMA.NO.16/2010 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR OS.NO.304/2010 OF MUNSIFF'S COURT, NORTH PARAVUR] .................... PETITIONERS/APPELLANTS/DEFENDANTS: -------------------------------------------------------------- 1. VINJNANA VARDHINI SABHA (ER 17/1963) CHERAI DESOM, PALLIPURAM VILLAGE, CHERAI.P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. E.K.BHAGYANATHAN, PRESIDENT, VINJNANA VARDHINI SABHA, CHERAI DESOM, PALLIPURAM VILLAGE, CHERAI.P.O., ERNAKULAM DISTRICT, RESIDING AT EDAKKATTU VEEDU, CHERAI MURI, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT. 3. K.K.SIDHARTHAN, SECRETARY, VINJNANA VARDHINI SABHA, CHERAI DESOM, PALLIPURAM VILLAGE, CHERAI.P.O., ERNAKULAM DISTRICT, RESIDING AT KOMETH VEEDU, CHERAI MURI, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT. 4. V.C.VENU, TREASURER, VINJNANA VARDHINI SABHA, CHERAI DESOM, PALLIPURAM VILLAGE, CHERAI.P.O., ERNAKULAM DISTRICT, RESIDING AT VALIYATHARA, AYYAMPILLY MURI, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SRI.BRIJESH MOHAN, SMT.DHANYA CHANDRAN, SRI.JOSEPH M.V. RESPONDENTS/RESPONDENTS/PLAINTIFFS: ----------------------------------------------------------------- 1. RAJAN, S/O.KANNU, EREZHATH CHERAI MURI, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT, PIN-683 514. O.P.(C).NO.31/2011-O: 2. PONNAPPAN, S/O.KUMARAN, KANNATHUSERY, CHERAI MURI, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT, PIN-683 514. 3. SUKUMARAN, S/O.EKKORAN, KOCHERI, CHERAI MURI, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT, PIN-683 514. 4. RANGAN, S/O.NARAYANAN, PAZHAMPILLY, PARAVURKARA, PARAVUR VILLAGE, ERNAKULAM DISTRICT, PIN-683 513. 5. VELAYUDHAN, S/O.KOCHAPPU, ARUKATTU, AYYAMPILLY KARA, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT, PIN-683 501. 6. BABU, S/O.PAPPUKUTTY, AMMANCHERI, PALLIPURAM KARA, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT, PIN-683 514. 7. VASANTHAKUMAR, S/O.APPU, MANNAPARAMBIL, AYYAMPILLY KARA, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT, PIN-683 501. 8. NARAYANAN, S/O.GOPALAN, THALAPPILLY, AYYAMPILLY KARA, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT, PIN-683 501. 9. RAGHAVAN, S/O.PURUSHOTHAMAN, KOTTATTU, AYYAMPILLY KARA, KUZHUPILLY, ERNAKULAM DISTRICT, PIN-683 501. 10. KRISHNAN, S/O.KANNUKUNJI, THALAPILLY, AYYAMPILLY KARA, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT, PIN-683 501. R1 TO R3 & R6 TO R10 BY ADVS. SRI.T.K.VENUGOPALAN, SRI.SHIBU JOSEPH, R4 & R5 BY ADVS. SRI.P.N.RAMAKRISHNAN NAIR, SRI. P. VISWANATHAN. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.31/2011-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BYE LAWS OF THE P.1. EXT.P.2: COPY OF THE NOTICE DTD. 15/05/2010 ALONG WITH WORKING REPORT, STATEMENT, SUPPLEMENTARY BUDGET 2009-2010 AND BUDGET 2010-2011. EXT.P.3: COPY OF THE BROCHURE OF VIKASANA REKHA OF P.1. EXT.P.4: COPY OF THE ORDER DTD. 30/07/2010 IN I.A. 1054/10 IN O.S. NO. 304/10 OF THE MUNSIFF COURT, NORTH PARUR. EXT.P.5: COPY OF THE ORDER DTD. 08/10/2010 IN C.M.A. NO. 16/2010 OF THE ADDL. DISTRICT COURT, NORTH PARUR. EXT.P.6: COPY OF THE O.S. NO. 304/2010 DTD. 07/07/2010 FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT, NORTH PARUR. EXT.P.7: COPY OF THE STATEMENT DT.D 04/12/2010 IN O.S. NO. 304/2010 FILED BY THE PETITIONERS/DEFENDANTS. EXT.P.8: COPY OF THE I.A. IN O.S. NO. 304/2010 DTD. 07/07/2010 FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT, NORTH PARUR. EXT.P.9: COPY OF THE RELEVANT EXTRACT OF RESOLUTION OF THE GENERAL BODY ON 28/05/06. EXT.P.10: COPY OF THE RESOLUTION DTD. 31/05/09 OF THE GENERAL BODY. EXT.P.11: COPY OF THE RELEVANT EXTRACT OF MINUTES OF THE GENERAL BODY ON 06/06/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. HARUN-UL-RASHID, J. ------------------------ O.P.(C).No.31 Of 2011 ---------------------- Dated this the 6th day of June, 2011. J U D G M E N T Petitioners are defendants in O.S.No.304/2010 on the file of the Munsiff Court, North Paravur. They are also the respondents in I.A.No.1054/2010. The said I.A was filed seeking temporary injunction to restrain alienation of the plaint schedule properties or to induct strangers, which forms part of the 'vikasana rekha', approved by the General Body decision under challenge in the suit. 2. After perusing the records and considering the facts and circumstances of the case, the trial court held that the petitioners in I.A.No.1054/2010 have established a prima facie case, that the General Body decision dated 6.6.2010 was not in terms of the opinion of the majority of the General Body and no sufficient opportunity was given to the members for the effective discussion with regard to the alienation of the properties. The trial court further observed that if injunction sought for is not granted till the disposal of the suit, there is every chance of alienation of the same by the respondents and make the suit itself infructuous. The trial court granted temporary injunction ::2:: O.P.(C).No.31 Of 2011 from alienating the plaint schedule properties till the disposal of the suit. Ext.P4 is the order. Challenging Ext.P4 order, petitioners preferred C.M.A.No.16/2010 before the Additional District Court, North Paravur. The appellate court also took the same view. The appellate court confirmed the order passed by the trial court and further observed that the lower court shall dispose of the suit, as expeditiously as possible, untrammelled by any of the observations and findings in the orders. 3. Both courts on facts decided the matter on merits. Further there is a direction by the lower appellate court to dispose of the suit, as expeditiously as possible. Since the questions are decided after examining the materials on record and entering the findings on the basis of the prima facie materials, this Court is not justified in interfering with Exts.P4 and P5 orders in exercise of the jurisdiction under Article 227 of the Constitution of India. 4. Learned counsel for the petitioners submit that in respect of item Nos.1 & 11 in Ext.P3 'vikasana rekha', the General Body had already taken decision in Exts.P9 & P10 resolutions passed in the year 1996 & 1999. Learned counsel ::3:: O.P.(C).No.31 Of 2011 submits that interference to the extent of excluding these two items is necessary, in the interest of justice, and for the proper administration of the 'Sabha', taking into account the present state of affairs including the completion of the shopping complex. Since the prayer of the petitioners is seriously opposed by the respondents, this Court is not in a position to go into the respective contentions on merits for the reasons stated in the preceding paragraphs. The questions raised by both sides requires adjudication on the basis of the evidence. Therefore, the questions can be resolved only after trial. This Court is of the view that the trial of the suit shall be proceeded, as expeditiously as possible. The trial court shall try and dispose of the suit within a period of four months from the date of receipt of a copy of this judgment, untrammelled by any of the observations and findings of the courts below. Parties shall appear before the court below on 21.6.2011. The counsel shall inform the parties. The O.P is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-