NAVABHARAT VIGNAN TRUST Vs. NASIHUDEEN

JUDGEMENT

(1.) What are the circumstances which are requisite for transferring a suit from one court to another court wherein another suit is pending, so as to try both cases jointly This is the question that emerges for our decision in this appeal.

(2.) This intra court appeal is directed against the order in Tr.P(C) No.223 of 2012 of this Court passed by the learned single Judge of this Court. The appellants are plaintiffs in O.S.No.242 of 2011 on the file of the Munsiff Court, Attingal, a suit for permanent prohibitory injunction, restraining the 1st respondent herein, who is the defendant in the original suit, from entering into the plaint schedule Trust properties and causing any obstruction with running of the school which is functioning in the Trust property. The 1st appellant/ 1st plaintiff is a Trust, constituted and registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act. 2nd appellant/ 2nd plaintiff is the Chairman and 3rd appellant is the Secretary of the 1st appellant Trust and Manager of the school. The 1st respondent/ defendant is the younger brother of the 3rd appellant herein. According to plaint averments, the 1st respondent was working in the school as temporary Office Assistant on contract basis and he was terminated on 04.05.2011 on the allegation of misappropriation of '2.5 lakhs. Consequently, he began to create problems in the school and obstructed the smooth running of the school, which culminated in filing of a suit for injunction. Copy of the plaint in O.S.No.242 of 2011 of the Munsiff Court, Attingal was marked as Annexure A in the Tr.P.C. The 1st respondent herein resisted the said suit contending that he is not a temporary Assistant in the school and that he is a member of the Trust which runs the school.

(3.) The 1st respondent as 2nd petitioner along with his wife Lubina, Dr.S.Gopalakrishnan and one Kolammal filed O.P.No.433 of 2011 before the District Court, Kollam under Section 25 of the Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955 for removing appellants 2 and 3 as office bearers of the Trust and replacement of these posts from among the members including 1st respondent.