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2018 Supreme(Kar) 726

SREENIVAS HARISH KUMAR
V. Harikrishnan, S/o. late Vadivelu – Appellant
Versus
Raghunath Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. R.Nataraj, Advocate
For the Respondent:Sri. Ajay J. Nandalike, Advocate.

JUDGMENT :

1. These two appeals under Order 43 Rule 1 (r) of the Code of Civil Procedure (‘CPC’ for short) are by the 1st plaintiff in O.S.No.3056/2016 on the file of the XXXV Addl. City Civil Judge, Bengaluru. The 2nd plaintiff is Karnataka Chemists and Druggist Association (referred to as “Association” hereafter). The plaintiff instituted a suit seeking a declaration that he is the President of the plaintiff No.2 Association and for a consequential decree of perpetual injunction to restrain defendants from claiming to be officer bearers of the Association and obstructing him from functioning as the President of the Managing Committee of the said Association.

2. The first plaintiff has pleaded that in a meeting held on 25.6.2015 he was elected as the President of the Association. On 1.1.2016, a general body meeting of the Association was held at Madikeri and in that meeting one of the items of the agenda was about the amendments to be brought to the byelaws of the Association. It was unanimously accepted. Since there was no approved byelaws, the general body of the Association treated all the office bearers as adhoc till the proposed amendments were submitted and registered. In orde

















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