IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 FAO.No. 298 of 2009() --------------------- I.A. NO:760/09 IN OS.101/2009 of SUB COURT,NEYYATTINKARA .................... APPELLANTS/CR. PETITIONERS/ DEFENDANTS 1 & 2: ---------------------------------------------------------------------------- 1. HOLYMATA EDUCATIONAL TRUST, REG. O: 124/08, AVIKUZHY VEEDU, OLATHANNI, NEYYATTINKARA PO., THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRPERSON, BEENA. 2. BEENA, “USHUS” VARUVILLAI, THIURPURATHUR DESOM, THIRUPURAM VILLAGE, THIRUPURAM PO - 695 133. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.THOMAS GEORGE RESPONDENTS/PETITIONERS/ PLAINTIFFS - CR. PETITIONERS & DEFENDANTS 3: ------------------------------------------------------------------------------------------------------ 1. MARY MATHA EDUCATION SOCIETY, REG. NO. T. 284/97 PALLIYODE, DALUMUGHOM P.O, NEYYATTINKARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN, R. MURUGAN. 2. R. MURUGAN, CHAIRMAN, MARY MATHA EDUCATION SOCIETY, RESIDING AT RAJCOT, THYCAUD, THIRUVANANTHAPURAM. 3. P. PREMA KUMARI @ PREMA MURUGAN, SECRETARY, MARY MATHA EDUCATION SOCIETY, RESIDING AT RAJCOT, THYCAUD, THIRUVANANTHAPURAM. 4. WILSON LAZER, HOUSE NO.X/130, AVIKUZHY VEEDU, OLATHANNI, NEYYATTINKARA P.O., THIRUVANANTHAPURAM BY ADV. R.S. KALKURA THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O.No. 298 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November, 2009 JUDGMENT Joseph, J. This appeal is directed against the order passed in I.A.No. 760 of 2009 in O.S.No. 101 of 2009. The above application was filed for temporary injunction restraining the appellants/counter petitioners from holding themselves as owners of the plaint schedule property, from encumbering them in any manner, from alienating the same from making any improvements therein and from establishing and conducting any College or other Educational and Commercial institution therein. 2. We heard the learned Senior counsel for the appellants and the learned counsel for the caveator. F.A.O.No. 298 of 2009 2 3. The learned Senior counsel for the appellants, of course, would point out that the grounds available to the appellants have not been taken up as stated in the memorandum of appeal. We do not see any infirmity with the order so as to warrant interference in this appeal. At the same time, in the facts of the case, we feel that the suit itself should be directed to be disposed of finally within an outer time limit. 4. Accordingly, while dismissing the appeal, we direct the Sub Court, Neyyattinkara to take up O.S.No. 101 of 2009 and dispose of the same finally on or before 31.3.2010. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm