IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14394 of 2009(O) -------------------------- PETITIONER(S): --------------------- 1. PADMAVATHY AMMA, D/O LATHAMMA, KAVMPURATH PUTHEN VEEDU, NEAR DOORDARSHAN KENDRAM, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. BY ADV. SRI.V.N.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------------------- 1. ERAPPAKKUZHY SREE BHOOTHAMMAN, KAVU KSHETHRAM TRUST, NEAR DOORDARSHAN KENDRAM, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. 2. K.S.VISHNU, S/O.SUNDARESAN NAIR, SUNIL BHAVAN, THEKKE VEEDU WARD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, NEDUMANGADU. 3. ANIL KUMAR, S/O.MADHAVAN PILLAI, KAVUVILA PANATIL PUTHEN VEEDU, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.14394 of 2009 = = = = = = = = = = = = = = Dated this the 28 th day of May, 2009 JUDGMENT Petitioner, who is the plaintiff in O.S.No.1382 of 2008 on the file of the Principal Munsiff's Court, Thiruvananthapuram challenges Ext.P9 interim oder dated 7.4.09 passed by the Additional District Judge II, Thiruvananthapuram in CMA No.25of 2009. The CMA is preferred by the defendants against the order passed by the trial court on I.A.No.1710 of 2009 as per which the petitioner prayed for an order restraining the defendants from making collections for the festival in the temple in dispute. According to the petitioner, the said temple is a family temple of the petitioner and the defendants have got a trust registered in respect of the temple styling the same as a public temple. The petitioner would contend that eventhough the festival of the temple was in April 2009, and consequently I.A.No.1710/2009 and CMA No.25/2009 therefrom have become infructuous, the observations and W.P.(c).No. 14394 of 2009 2 findings in Ext.P9 order would stand in the way of the petitioner in seeking final reliefs against the defendants. After all, Ext.P9 is only an interim order passed in CMA No.25/2009 pending before the Additional District Court, Thiruvananthapuram . The only order which is warranted is a direction to the said court to dispose of the said CMA. Accordingly, this writ petition is disposed of directing the II Additional District Court, Thiruvananthapuram to dispose of CMA 25/2009 expeditiously and untrammelled by the observations in Ext.P9 order dated 7.4.2009. Dated this the 28 th day of May, 2009. V. RAMKUMAR, JUDGE sj