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O.S. No. 835/2025

Case between Biju B.R. vs Sree Narayan Dharma Samajam et al regarding interim injunction to restrain resolution implementation

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR
Order Date
2025-11-01
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Biju B.R. has filed a petition for an interim injunction against Sree Narayan Dharma Samajam and its officers. The petitioner claims a resolution allowing male devotees to wear shirts in a temple was passed improperly and seeks to prevent its implementation.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for interim injunction as the resolution allowing male devotees to wear shirts had already been implemented without reported unrest among members.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for interim injunction as the resolution allowing male devotees to wear shirts had already been implemented without reported unrest among members.
Key Reasoning:
The court found no prima facie case in favor of the petitioner and noted that the resolution had been implemented without reported issues.
Why Defendant Won:
The court found no prima facie case in favor of the petitioner and noted that the resolution had been implemented without reported issues.
Supporting Evidence
The court found that a valid General Body Meeting was held on 29.06.2025, and the resolution was discussed and passed appropriately.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Biju B.R.
Party Age
46
Relation
S/o
Party Role
Defendant
Party Name
Sree Narayan Dharma Samajam
Relation
represented by its President
Party Role
Defendant
Party Name
C.M Shobhanan
Relation
S/o. Unknown
Party Role
Defendant
Party Name
P.A Rajeev
Relation
S/o. Unknown
Party Role
Defendant
Party Name
E Rajeev
Party Age
67
Relation
S/o. Krishnan
Party Role
Defendant
Party Name
Brahmasri K.G Sreenivasan
Relation
S/o. Unknown
Plaintiffs Documents
True Copy of the Bye-Laws of the Sree Narayan Dharma Samajam, Original of the notice issued to the plaintiff regarding the 47th Annual Pothuyogam, True Copy of the Letter sent to the mail of the 1st defendant samajam.
Defendants Documents
Attested copy of Minutes of the Annual General Body Meeting.

Advocates

Party Role
Plaintiff
Advocate Name
B. Deepak
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Karthik Bhavadasan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Pournami Padmanaban
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Varghese Prem
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
The petitioner sought an interim injunction to restrain the implementation of the resolution allowing male devotees to wear shirts in the temple.
Evidence:
The Court viewed that the injunction cannot be granted for an act that was already done.
Relief Type: Declaration
Outcome: Not Decided
Description:
The petitioner seeks a declaration that the resolution allowing male devotees to wear shirts is null and void.
Evidence:
The same relief of injunction was sought for in the present petition.

Documents & Evidence

Document Type: Bye-Laws
Submitted By: Plaintiff
Relevance:
The bye-laws of the Sree Narayan Dharma Samajam were referenced in relation to the governance and decision-making process of the Samajam.
Reference:
Ext.A1
Document Type: Notice
Submitted By: Plaintiff
Relevance:
The notice for the annual general meeting held on 29.06.2025 was cited to discuss the validity of the decisions made during the meeting.
Reference:
Ext.A2
Document Type: Email
Submitted By: Plaintiff
Relevance:
An email sent by the petitioner to object to the resolution passed by the executive committee was referred to establish the petitioner's position.
Reference:
Ext.A3
Document Type: Email
Submitted By: Plaintiff
Relevance:
A follow-up email was sent by the petitioner reminding about the objection to the resolution.
Reference:
Ext.A4
Document Type: Letter
Submitted By: Plaintiff
Relevance:
A letter sent to the 5th defendant seeking advice regarding the resolution was mentioned.
Reference:
Ext.A5
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
An original postal receipt related to communications with the respondents was noted.
Reference:
Ext.A6
Document Type: Membership Certificate
Submitted By: Plaintiff
Relevance:
A certificate of membership of the plaintiff issued by the 1st defendant was referenced.
Reference:
Ext.A7
Document Type: Letter
Submitted By: Plaintiff
Relevance:
A letter issued by the 3rd defendant to the plaintiff was cited.
Reference:
Ext.A8
Document Type: Minutes
Submitted By: Defendant
Relevance:
The minutes of the annual general body meeting were referenced to show that the resolution was discussed and passed legally.
Reference:
Ext.B1
Document Type: Letter
Submitted By: Defendant
Relevance:
A letter from the 5th Respondent was cited to demonstrate that their consent was obtained for the resolution.
Reference:
Ext.B2
Document Type: Letter of Appreciation
Submitted By: Defendant
Relevance:
A letter of appreciation from Justice PS Gopinath was mentioned, though its relevance is not thoroughly established.
Reference:
Ext.B3
Document Type: Letter of Appreciation
Submitted By: Defendant
Relevance:
A letter of appreciation from SNDP Yogam, Pachalam was noted.
Reference:
Ext.B4
Document Type: Letter of Appreciation
Submitted By: Defendant
Relevance:
A letter of appreciation from Sree Narayana Seva Sangam Kochi was mentioned.
Reference:
Ext.B5
Document Type: Letter of Appreciation
Submitted By: Defendant
Relevance:
A letter of appreciation from Guru Dharma Pracharana Sabha was noted.
Reference:
Ext.B6

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Biju B.R. vs Sree Narayan Dharma Samajam et al regarding interim injunction to restrain resolution implementation
Case Code Year
Case between Biju B.R. vs Sree Narayan Dharma Samajam et al regarding interim injunction to restrain resolution implementation

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 11/01/2025 - 12:00
To
Sun, 11/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Sree Narayan Dharma Samajam

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