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Judgment
Dr.Kauser Edappagath, J
Heard the learned counsel for the petitioner.
This CRP has been filed challenging the orders of the Additional Munsiff, Nedumangad and Sub Judge, Nedumangad respectively, dismissing the application for interim injunction filed by the revision petitioner invoking Order XXXIX Rule 1 of CPC.
The 1st petitioner is a Private Trust. The 2nd petitioner and the respondents are Trustees of the 1st petitioner Trust. According to the petitioners, the 2nd petitioner took charge of the Principal Secretary of the 1st petitioner Trust on 14.05.2018. The suit was instituted when the respondents allegedly obstructed the 2nd petitioner from acting as the Principal Secretary of the 1st petitioner Trust.
The respondents filed objection contending that the 2nd petitioner never assumed charge of the Principal Secretary and he left abroad even before the 1st petitioner started the School. Hence, the 2nd respondent was elected as the Secretary and he is now acting as Secretary of 1st respondent Trust.
The learned Munsiff after considering the rival contentions found that the 2nd petitioner failed to establish a prima facie case and dismissed the application for injunction. In appeal, the learned Sub Judge found that there is no material to show that the 2nd petitioner took charge of the Principal Secretary as claimed and his tenure as Principal Secretary expired on 13.05.2023. In these circumstances, the appeal was dismissed. It is challenging the above said orders, this revision petition is filed before this Court.
I have gone through the impugned orders. The 2nd petitioner claimed that he took charge of the Principal Secretary on 14.05.2018. As rightly held by both the courts, there is nothing on record to show that he took charge of the Principal Secretary. Moreover, the tenure of the Principal Secretary is already over. Hence, virtually the prayer in the injunction application has become infructuous. I find no illegality or impropriety in the impugned orders. Accordingly, the revision petition is dismissed. However, the learned Additional Munsiff is directed to dispose of the suit itself, as expeditiously as possible.