OP(C) No. 3316 of 2012 · Kerala High Court

V.CHITAMBARESH,J. = = = = = = = = = = = O.P.(C) No. 3316 of 2012 = = = = = = = = = = = == = = = = Dated this the 9th day of October, 2012 J U D G M E N TConcurrent orders passed on an application for temporary injunction in a suit for a decree of permanent prohibitory injunction are under challenge. The petitioner/first defendant takes strong exception to the finding of the lower appellate court that Ext.A1 Memorandum of Association does not provide for the suspension of its member . A detailed analysis of the evidence on record at this interlocutory stage would be permissible in proceedings under Article 227 of the Constitution of India. Ihowever add that the power of the governing body on a strict interpretation of Ext.A1 Memorandum of Association has to beconsidered in the suit only untrammelled by any observation contained in the orders impugned.

The petitioner has a further contention that therespondent/plaintiff was placed under suspension from the Association even before the ad interim order of injunction was served on the Association in I.A NO.3950/2011. This is a O.P.(C) No. 3316 of 20122justifiable plea to be raised by the petitioner in the appeal arising from the order allowing the application for violation of injunction under Order XXXIX Rule 2 A of the Code of CivilProcedure. The suit cannot be termed to be infructuous merely because the respondent was placed under suspension even before the order of injunction was served though after the institution of the suit.

I direct the Court of the IInd Additional Munsiff of Ernakulam to dispose of O.S No.598/2011 on its file within aperiod of three months from the date of receipt of a copy of this judgment. The trial of the suit shall stand deferred by a period of one month to enable the petitioner to complete the necessary steps therein. The Original Petition (Civil) is disposed of. V.CHITAMBARESH.JUDGEsmm O.P.(C) No. 3316 of 20123 O.P.(C) No. 3316 of 20124