Case Summary
The plaintiffs are the Cherama Sambava Development Society, claiming to be the current office bearers and seeking a temporary injunction against the defendants for unauthorized use of the society's name and registration. The defendants contest this claim, asserting they are the rightful office bearers.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary prohibitory injunction as the plaintiffs failed to establish their status as the current office bearers of the society.
Key Reasoning:
The plaintiffs did not establish a prima facie case to warrant the injunction.
The plaintiffs did not establish a prima facie case to warrant the injunction.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiffs failed to establish that they are the present office bearers of the society named Cherama Sambhava Development Society, Vazhoor.
Judgment Evidence:
In the result, IA is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Cherama Sambava Development Society
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- K.K. Suresh
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sunil K. Thankappan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.S Sajimon
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreekumar @ Roy
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jacob John @ Shibu
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Certified copy of Registration Certificate dated 09.10.2013, List of Office bearers of the Society for the year 2023-2024, Application from Secretary to District Registrar.
Defendants Documents
Receipt issued by District Registrar (General), Kottayam.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Darly M. Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Haris K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Temporarily restraining defendants from using the name 'CSDS' and related activities.
Evidence:
Hence not entitled to claim that they are the office bearers and as such, the demand that defendants are to be restrained from using the registration No. and name of CSDS is unacceptable.
Documents & Evidence
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Certified copy of Registration Certificate proving the establishment of the society.
Reference:
Ext.A1
Document Type:
List of Office Bearers
Submitted By:
Plaintiff
Relevance:
List showing 1st and 2nd petitioner as president and secretary of the society for the year 2023-24.
Reference:
Ext.A2
Document Type:
Application to District Registrar
Submitted By:
Plaintiff
Relevance:
Application regarding the annual general body meeting held on 11.06.2023.
Reference:
Ext.A3
Document Type:
Expenditure Statement
Submitted By:
Plaintiff
Relevance:
Expenditure statement filed before the Registrar for the period 2022-2023.
Reference:
Ext.A4
Document Type:
Expenditure Statement
Submitted By:
Plaintiff
Relevance:
Expenditure statement filed before the Registrar for the period 2021-2022.
Reference:
Ext.A5
Document Type:
Expenditure Statement
Submitted By:
Plaintiff
Relevance:
Expenditure statement filed before the Registrar for the period 2019-2021.
Reference:
Ext.A6
Document Type:
Minutes Book
Submitted By:
Plaintiff
Relevance:
Copy of minutes showing the state executive meeting held on 01.05.2024.
Reference:
Ext.A7
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledges complaint about unauthorized renewal of the original by the president.
Reference:
Ext.A8
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Agreement to support that CSDS functions at the specified location.
Reference:
Ext.A9
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued by the President, Vazhoor Grama Panchayath.
Reference:
Ext.A10
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt showing statement of account and list of office bearers produced before the Registrar.
Reference:
Ext.B1
Document Type:
Minutes Book
Submitted By:
Defendant
Relevance:
Copy of a minutes book produced by the respondents.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2024