LAWS(KER)-2010-10-228

DOTTY THOMAS Vs. CATHOLIC YOUNG MEN ASSOCIATION

Decided On October 29, 2010
DOTTY THOMAS Appellant
V/S
CATHOLIC YOUNG MEN ASSOCIATION Respondents

JUDGEMENT

(1.) PETITIONERS before me are plaintiffs in O.S. Nos.24 and 326 of 2004 of the court of learned Principal Munsiff, Alappuzha. Both the suits are for a decree for prohibitory injunction; former being against alienation of properties of respondent No.1 and against withdrawal of amount from its accounts and the latter being against inducting third parties into the buildings belonging to respondent No.1. Suits were dismissed after recording evidence. PETITIONERS, I am told have applied for carbon copy of the judgment but so far it has not been received. In the meantime they filed Exts.P3 and P4, applications to keep the judgments in abeyance. Those applications were dismissed by Exts.P5 and P6 observing that it would amount to granting of injunction, having found that petitioners are not entitled to the injunction prayed for. Learned counsel states that if before appeals are preferred and interim orders are obtained respondents who are directed to maintain present condition it might alter the situation to the prejudice of the petitioners. According to the learned counsel for petitioners respondent Nos.2 onwards have no right to act on behalf of respondent No.1. It is also submitted that until dismissal of the suits there was an order of injunction in force in both the suits.

(2.) I am told that petitioners have applied for carbon copy of the judgments in the suits. Having regard to the circumstances stated I am persuaded to think that respondents are to be directed to maintain present condition of the suit properties. Resultantly, this Original Petition is disposed of in the following lines: