BALACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment of the learned Single Judge in W.P.(C)25180/16. The said writ petition was filed by the third respondent, the Manager of VRAMM Higher Secondary School, with a prayer to direct the second respondent to grant approval to the appointments made in the school as per Exts.P1 and P2, duly adverting to Exts.P3 and P4.

(2.) By the judgment under appeal, the learned Single Judge disposed of the writ petition clarifying that Ext.P4 order being prospective, cannot have any bearing on the appointments effected vide Exts.P1 and P2 orders. Accordingly, learned Single Judge directed that orders be passed on Exts.P1 and P2, within three weeks from the date of receipt of a copy of this judgment. Appellants were not parties in the writ petition. Therefore, the appellants sought leave from this court and has filed this appeal.

(3.) In this appeal, it is contended that the appellants had filed O.S.559/07 on the file of the Munsiff Court, Chavakkad seeking partition of three items of properties, among which the school and the appurtenant properties were item No.2. It is stated that in the suit, in which the third respondent is also a defendant, decree was passed on 12.9.2013, whereby partition in respect of item Nos.1 and 3 was decreed. The appellants challenged the judgment and decree of the Munsiff Court by filing A.S.58/13 before the Sub Court. It is stated that on 21.1.2014, the third respondent also filed a cross objection and that the appeal and the cross objection are pending consideration of the Sub Court, Chavakkad.