IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 23998 of 2008(F) ---------------------------------------- ( O.S.NO.255/06 OF ADDL.SUB COURT, THALASSERY) PETITIONERS: ---------------------- 1. DR.K.GOPINATHAN NAMBIAR, S/O. KUNJIRAMAN NAMBIAR, "ASWATHY" SIVAGIRI NAGAR, CHOVVA, KANNUR. 2. DR.A.N.THOMAS, AGED 50, S/O.T.NINAN, KRIPALAYAM, JOHN MILL ROAD, KANNUR-2 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: ------------------------- 1. INDIAN MEDICAL ASSOCIATION (IMA) KERALA STATE BRANCH IMA, KSB HEAD QUARTERS, KSB HEAD QUARTERS, ANAYARA P.O.THIRUVANANTHAPURAM. 2. DR.DONOMIC PALATTU. BINOY BHAVAN, KANAKKARI KARA, KANAKKARI VILLAGE, IMA STATE JOINT SECRETARY. 3. INDIAN MEDICAL ASSOCIATION, IMA HOUSE, INDRAPRASTHA MARG, NEW DELHI-110 002, REP. BY ITS HONARARY SECRETARY GENERAL DR.VINOY AGARWAL. 4. INDIAN MEDICAL ASSOCIATION KANNUR BRANCH, IMA BUILDING,TALAP, KANNUR REP. BY DR, NANDAKUMAR, S/O.KUNJURAMAN NAIR, DHANYA SREE, NEAR SUNDARESWARA TEMPLE, TALAP, KANNUR CHAIRMAN ADHOC COMMITTEE. Kss ..2/- ...2.... WPC.NO.23998/2008 F 5. DR.V.P.DEVADAS, S/O. V.P.NAIR, RAJESWARI HOSPITAL,TALAP, KANNUR. 6. DR.SURESH BABU, S/O.NANU, BODY SCAN, TALAP, KANNUR. 7. DR.NANDAKUMAR, S/O. KUNJURAMAN NAIR, DHANYA SREE, NEAR SUNDARESWARA TEMPLE, TALAP, KANNUR. 8. DR.SAJEEV MALIK, PRESIDENT IMA, IMA HOUSE, INDRAPRASTHA MARG, NEW DELHI 110 002. 9. DR.JOSEPH MANI, S.H.MEDICAL CENTRE, NAGOMBADOM, KOTTAYAM 686 001. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.23998 of 2008 ------------------------------- Dated this the 8th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to District Court, Kottayam, to dispose Exts.P4 and P5, petitions filed in Ext.P3 appeal, filed by the petitioners, and also for a direction to Sub Court, Thalassery, to remove Ext.P1 suit from the list. 2. The learned counsel appearing for the petitioners was heard. 3. The learned counsel submitted that O.S.No.255 of 2006 is filed before Sub Court, Thalassery, seeking a declaration that amendments proposed to Kerala State Branch Bye-law of Indian Medical Association on 7.4.2002 are illegal and also for a declaration that the order of suspension passed against second defendant therein is illegal and for other incidental reliefs. O.S.No.93 of 2002 was earlier filed by a third party before Munsiff Court, Ettumanoor, for permanent prohibitory injunction against first respondent, Indian Medical Association, which was dismissed under Ext.P2 judgment on 28.2.2006. W.P.(C) No.23998 of 2008 2 4. The learned counsel argued that challenging Ext.P2 judgment, an appeal is filed before District Court, Kottayam, which is yet to be numbered, as the appeal was filed after expiry of the period of limitation, and sanction is to be obtained for filing an appeal, as appellants are not parties to Ext.P2 suit. The learned counsel also submitted that O.S.No.255 of 2006 is included in the special list and if the suit is to be disposed prior to the admission of the first appeal filed against Ext.P2, respondents may contend that O.S.No.255 of 2006 is barred by resjudicata, and, therefore, a direction is to be issued to Sub Court, Thalassery, to adjourn the suit after removing from the special list and also for a direction to District Court, Kottayam, to dispose Exts.P1 and P2 applications. 5. Ext.P3 appeal was filed by first petitioner and another challenging Ext.P2 judgment. Appellants are not parties to Ext.P2. Therefore, appeal could be filed only with the permission of the Court. As the appeal was not filed in time, a petition was also filed under Section 5 of the Limitation Act to condone the delay in filing the appeal. The learned counsel submitted that respondents appeared and filed objection to the applications. If that be so, District Court, Kottayam, is directed to dispose Exts.P4 and P5 applications, as W.P.(C) No.23998 of 2008 3 expeditiously as possible, at any rate, within 30 days from the date of receipt of a copy of the judgment. If the appellants file an application to advance the hearing of the appeal, learned District Judge to advance the hearing and dispose Exts.P4 and P5 applications without delay. 6. Though learned counsel sought for a direction to remove the suit from the list pending before Sub Court, Thalassery, I am not inclined to grant the request. It is up to the petitioner to move the Sub Court for appropriate relief. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.