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
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.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Plaintiffs
Brijilal K.P (48 years years)
Pukkottuveedu, Edapally Vadakkumbhagam, Aims P.O, Ernakulam, Pin – 682 041
Sureshbabu T.S (55 years years)
Thoppil veedu, Edapally vadakkumbhagam, Aims P.O, Ernakulam, Pin – 682 041
K.Gopi (80 years years)
Veluthedath Parambu, Chuttupadukara, Edapally P.O, Ernakulam, Pin – 682 024
C.R.Haridas (57 years years)
Madhuramittom, Veluthedath Parambu, Chuttupadukara, Edappally P.O, Ernakulam, Pin – 682 024
Shaji A.S (66 years years)
Ariledath, Edapally, Aims P.O, Ernakulam, Pin -682 041
Defendants
Sree Narayana Prabodha Chandrodaya Yogam (Age not specified years)
49/1585 and 49/1583, Ponekkara, AIMS, Ponekkara P.O, Edappally north village, Kanayannur taluk, Ernakulam District, Pin – 682 041
N.Sugathan (75 years years)
Regd office at 49/1585 and 49/1583, Ponekkara, AIMS, Ponekkara P.O, Edappally north village, Kanayannur taluk, Ernakulam District, Pin – 682 041
K.S.Karthikeyan (63 years years)
secretary, Sree Narayana Prabodha Chandrodaya Yogam, Regd. Edappally North village, Kanayannur taluk, Ernakulam Distrcit, Pin – 682 041
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