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1983 Supreme(Ker) 1

KADER
PARAYAKATTU NALUKULANGARA DEVASWOM – Appellant
Versus
PADMANABHAN HARSHAS – Respondent


Judgment :-

1. Defendants 1 to 4 in O.S. No. 596/1981, a suit for injunction, are the revision petitioners. The said suit was instituted by the 1st respondent herein in his capacity as a member of the Parayakkattu alukulangara Devaswom praying for the issue of an injunction restraining the defendants from convening a General Body meeting of the Devaswom on 7-12-1982 on the ground that it is illegal and opposed to the provisions of the bye-law and also for issue of a commission to convene the general body in accordance with the provisions of the bye-law of the Devaswom.

2. Defendants 1 to 4, the revision petitioners herein, who are respectively the President, the Vice President, the Manager and the Treasurer of the Parayakattu Nalukulangara Devaswom, hereinafter referred to as the Devaswom, filed a joint written statement resisting the suit mainly contending that the suit is not maintainable in view of the specific provisions in Act 12 of 1955.

3. Additional defendants 5 to 8 filed written statements supporting the plaintiff.

4. Several issues were framed on the basis' of the pleadings in the suit and issues Nos.1 to 3 were heard as preliminary point at the instance of the revision pet


















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