JUDGMENT

The petitioner is aggrieved by order dated

4.2.2011 in I.A.4975 of 2010 in O.P.(Society) 993 of 2010.

2. Petitioners are the members of a Society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (hereinafter referred to as the Act). The petitioners along with others have approached the District Court for settling a scheme. There is also another suit pending as O.S.1324 of 2009 before the Munsiff's Court, Ernakulam. Due to the orders in that suit, the Society is not able to function properly. It is also pointed out by them that the said suit was not maintainable in view of the provisions of the Act. They wanted the said suit to be stayed.

3. The court below on a consideration of the materials found that there was no ground to stay the proceedings in the suit pending before the Munsiff's Court and dismissed the application.

4. Learned counsel appearing for the petitioners stressed before this court that under the inherent jurisdiction conferred under the Code as per Section 151 of the Code of Civil Procedure, it is possible for the court to stay further proceedings in O.S.1324 of 2009. It is contended that the said suit