IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25189 of 2008(W) -------------------------- CMA.10/2008 OF SUB COURT, MUVATTUPUZHA OS.336/2008 OF MUNSIFF COURT,MUVATTUPUZHA (IA.2687/2008) .................... PETITIONER: ------------ JOBISON JACOB S/O JACOB, AGED 33, KALLORKUNNEL HOUSE, EZHALLOOR VILLAGE, KUMARAMANGALAM VILLAGE. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENTS: ------------- 1. JESSY JOHNY, AGED 44, W/O JOHNY IMMANUEL, RESIDING AT NO.4B ROYAL APARTMENT, YAKKARA ROAD, PALAKKADU DISTRICT. 2. MANI JOHNY AGED 18, S/O. JOHNY IMMANUEL RESIDING AT NO.4B ROYAL APARTMENT, YAKKARA ROAD, PALAKKADU DISTRICT. 3. GEETHU JOHNY, AGED 19, D/OJOHNY IMMANUEL RESIDING AT NO.4B ROYAL APARTMENT, YAKKARA ROAD, PALAKKADU DISTRICT. 4. JOHNY IMMANUEL, AGED 46, S/O MANI RESIDING AT NO.4B ROYAL APARTMENT, YAKKARA ROAD, PALAKKADU DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO. 25189 OF 2008 ------------------------------------------ Dated this the 20th day of August, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India challenging Ext.P10 order passed by Munsiff, Muvattupuzha in I.A.2687 of 2008 granting police protection to the plaintiffs for implementing the order of injunction granted in I.A.2321 of 2008. 2. The argument of the learned counsel appearing for petitioner is that the order in I.A.2321 of 2008 is challenged before Sub Court, Muvattupuzha in C.M.A.10 of 2008 and though learned Sub Judge issued notice to the respondents in the application for stay of operation of the order in I.A.2321 of 2008, notice could not be served on the respondents and in the meanwhile respondents obtained Ext.P10 order from the learned Munsiff and learned Munsiff should not have granted the order when a CMA is pending. 3. On hearing the learned counsel I do not find any necessity to interfere with Ext.P10 order passed by the learned WP(C)25189/08 2 Munsiff so as to protect the atmosphere of the school as the dispute is with regard to the running of the school. So long as the order in I.A.2321 of 2008 stands, petitioner is not entitled to violate the same. By Ext.P10 order learned Munsiff has only protected the right granted in favour of the petitioner in I.A.2321 of 2008. It is for the petitioner to obtain necessary orders from the Sub Court, Muvattupuzha, where CMA is pending. This writ petition is disposed granting liberty to the petitioner to move Sub Court for passing order in Ext.P8 application immediately. If any application is filed before Sub Court, Muvattupuzha to pass orders in Ext.P8 application, learned Sub Judge shall pass orders in the application without any delay. If the order in I.A.2321 of 2008 is stayed, then automatically Ext.P10 order will have no value. M. SASIDHARAN NAMBIAR, JUDGE Okb/-