Case Summary
The petitioners, members of the Sree Narayana Prabodha Chandrodaya Yogam, seek a permanent injunction against the defendants to prevent amendments to the society's bye-laws that contravene a previous court decision. The case involves disputed electoral eligibility based on past terms served by certain members.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for an interim prohibitory injunction that sought to prevent changes to the bye-laws of the society. The petition was found to be infructuous as the amendments had already been made.
Key Reasoning:
The respondents proved that the amendments to the bye-laws had already been lawfully made during a General Body Meeting before the petition was filed.
The respondents proved that the amendments to the bye-laws had already been lawfully made during a General Body Meeting before the petition was filed.
Why Defendant Won:
The respondents proved that the amendments to the bye-laws had already been lawfully made during a General Body Meeting before the petition was filed.
The respondents proved that the amendments to the bye-laws had already been lawfully made during a General Body Meeting before the petition was filed.
Supporting Evidence
It cannot be said that if such an amendment has been carried out as per the provisions of by law and with the majority stipulated therein, it would be violative of the scheme settled by the Hon’ble District Court and approved by the Hon'ble High Court.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Brijilal K.P
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sureshbabu T.S
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K.Gopi
- Party Age
- 80
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- C.R.Haridas
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shaji A.S
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sree Narayana Prabodha Chandrodaya Yogam
- Party Role
- Defendant
- Party Name
- N.Sugathan
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.S.Karthikeyan
- Party Age
- 63
Plaintiffs Documents
Photocopy of the Bye-law of the 1st defendant, Photocopy of the Judgment in RFA no. 856/15 of the Hon’ble High Court of Kerala, Photocopy of the order in OP(Society) no. 1248/09 of the Hon’ble 1st Additional District Court, Ernakulam.
Defendants Documents
Copy of the notice issued by the defendant, Copy of the minutes of the GBM of the 1st defendant, Copy of the notice issued by the defendant, Copy of the existing and proposed bye laws issued as part of GBM issued by the 1st defendant, Copy of the minutes of the GBM of the 1st defendant, Copy of Amendment certificate issued by Registrar of Societies, Ernakulam.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sunil H
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ignatius M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S.Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aaditya Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ardra Krishnan M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sohan Varghese Francis
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Petitioners sought a permanent injunction against the defendants from amending certain bye-laws.
Evidence:
Thus, for the reasons afore stated, the point is found against the petitioner.
Documents & Evidence
Document Type:
By-Law
Submitted By:
Plaintiff
Relevance:
Produced as evidence showing the governing rules of the 1st defendant society.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Photocopy of the Judgment in RFA no. 856/15 of the Hon’ble High Court of Kerala.
Reference:
Ext.A2
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Photocopy of the order in OP(Society) no. 1248/09 of the Hon’ble 1st Additional District Court, Ernakulam.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Copy of the notice issued by the defendant regarding the Extraordinary General Body Meeting.
Reference:
Ext.B1
Document Type:
minutes of General Body meeting
Submitted By:
Defendant
Relevance:
Copy of the minutes of the GBM of the 1st defendant showing the approval of the amendment to the by-law.
Reference:
Ext.B2
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Copy of the notice issued by the defendant for another General Body Meeting.
Reference:
Ext.B3
Document Type:
Bye-Laws
Submitted By:
Defendant
Relevance:
Copy of the existing and proposed bye-laws issued as part of the GBM by the 1st defendant.
Reference:
Ext.B4
Document Type:
minutes of General Body meeting
Submitted By:
Defendant
Relevance:
Copy of the minutes of the GBM of the 1st defendant.
Reference:
Ext.B5
Document Type:
Amendment certificate
Submitted By:
Defendant
Relevance:
Copy of the amendment certificate issued by the Registrar of Societies, Ernakulam.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Brijilal K.P et al vs Sree Narayana Prabodha Chandrodaya Yogam et al regarding a permanent injunction
Case Code Year
Case between Brijilal K.P et al vs Sree Narayana Prabodha Chandrodaya Yogam et al regarding a permanent injunction