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2009 Supreme(AP) 253

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE K.C. BHANU
M/s. Margadarshini Educational Society, rep. by its Secretary,
Versus
P. Subhashan & Another
Second Appeal No. 1124 of 2008
Decided on : 09-04-2009

Advocates appeared:For the Petitioner:B. Adinarayana Rao, Advocate. For the Respondents:N. Ashok Kumar, Advocate.

Headnote:(a) Civil Procedure Code, 1908 - Section 100 - A party aggrieved by the decree passed by the first appellate court has no absolute right of appeal - Second appeal lies only where High Court is satisfied that the case involves a substantial question of law - Meaning of substantial as qualifying question of law - Substantial question of law should directly and substantially affect the rights of parties - A question of law can be said to be substantial between the parties if the decision in appeal turns one way or the other on particular view of law - If the question does not affect the decision, it cannot be said to be substantial question between the parties - Exemplified.

       (b) Specific Relief Act, 1963 - Section 37 (2) - Requirements of permanent injunction - Plaintiff must succeed on the strength of his own case and not on the weaknesses of the defendants case.

       2005 (3) ALD 545 (D.B.) - Relied upon

       (c) Evidence Act, 1872 - Sections 101 and 102 r/w Section 37 (2), Specific Relief Act, 1963 - Initial burden of proof lies on the plaintiff.

       (d) Specific Relief Act, 1963 - Section 37 (2) r/w Section 23, A.P, Societies Registration Act, 2001 - A person claiming to be the Secretary of the society must show, in the first instance, that he was duly admitted as member of the society - Thereafter, he must also show that he was duly elected as Secretary.

       (e) A.P. Societies Registration Act, 2001 - Section 20 - Meetings and resolutions not in accordance with Sec.20 - Finding of appellate court based upon proper appreciation of evidence on record, not perverse or contrary to law.

       (f) A.P. Societies Registration Act, 2001 - Section 23 r/w section 100, CPC- Even though the trial court has territorial jurisdiction, in view of the bar u/s 23 only District court had jurisdiction - Appellate court recoded a correct finding - In absence of any substantial question of law, second appeal not maintainable.

Judgment :

This second appeal is preferred against the judgment and decree, dated 01-09-2008, made in A.S.No.29 of 2006, on the file of the Special Judge for Trial of Offences under SC/ST (POA) Act-cum-V Additional District and Sessions Judge, Medak at Sangareddy, in setting aside the judgment and decree, dated 10-03-2006, in O.S.No.400 of 2003, on the file of the Principal Junior Civil Judge, Sangareddy, wherein the suit filed by the plaintiff for grant of perpetual injunction was decreed.

2. For better appreciation, the parties hereinafter will be referred to as they are arrayed in the suit.

3. The averments of the plaint in brief, are as follows:

The plaintiff is a registered Society under the A.P. Societies Registration Act, 2001 (for brevity 'the Act'). The aims and objects of the society is to provide good education and basic knowledge in the vicinity of amachandrapur. The society was incorporated and registered by seven members including the President, Vice-President etc., and as the members of the society could not administer the society to the utmost satisfaction and as such four members have resigned and nine new members have joined and the said quorum started functioning in November, 2002 and the new quorum of the society contributed handsome amounts to develop the Education Society, such as construction of the new building, providing new equipments and laboratory, improving the new staff and providing amenities by the start of academic year, 2003 and the new members of the society have successful enough to procure the number of students and started school. Thereafter, the members of the society had unanimously elected Ravi Anantha as Secretary by resolution, dated 14-04-2003 and the said appointment was intimated to the Registrar of Societies, by letter, dated 24-02-2003. The accounts of the society were udi This second appeal is preferred against the judgment and decree, dated 01-09-2008, made in A.S.No.29 of 2006, on the file of the Special Judge for Trial of Offences under SC/ST (POA) Act-cum-V Additional District and Sessions Judge, Medak at Sangareddy, in setting aside the judgment and decree, dated 10-03-2006, in O.S.No.400 of 2003, on the file of the Principal Junior Civil Judge, Sangareddy, wherein the suit filed by the plaintiff for grant of perpetual injunction was decreed.

2. For better appreciation, the parties hereinafter will be referred to as they are arrayed in the suit.

3. The averments of the plaint in brief, are as follows:

The plaintiff is a registered Society under the A.P. Societies Registration Act, 2001 (for brevity 'the Act'). The aims and objects of the society is to provide good education and basic knowledge in the vicinity of amachandrapur. The society was incorporated and registered by seven members including the President, Vice-President etc., and as the members of the society could not administer the society to the utmost satisfaction and as such four members have resigned and nine new members have joined and the said quorum started functioning in November, 2002 and the new quorum of the society contributed handsome amounts to develop the Education Society, such as construction of the new building, providing new equipments and laboratory, improving the new staff and providing amenities by the start of academic year, 2003 and the new members of the society have successful enough to procure the number of students and started school. Thereafter, the members of the society had unanimously elected Ravi Anantha as Secretary by resolution, dated 14-04-2003 and the said appointment was intimated to the Registrar of Societies, by letter, dated 24-02-2003. The accounts of the society were udited and during the course of audit, it came to light that old Secretary swindled several lakhs of rupees to benefit personally with the active connivance of the 1st defendant, which was also observed by the members of the new body. The said fact was intimated to the defendants several times and requested to




























































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