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1989 Supreme(Ker) 277

K.P.RADHAKRISHNA MENON
Order of the Holy Cross – Appellant
Versus
Lonnappan Thattil – Respondent


Advocates:
Joseph J. Theratti, for Petitioner; P. Jacob Verghese, for Respondents.

ORDER :- The sixth additional defendant in O.S. 300 of 1983 before the Sub Court, Ernakulam, a suit instituted by the respondents for the following reliefs, is the revision petitioner:

(a) declaring that the 1st plaintiff is the Trustee of the 2nd plaintiff organisation and is the Director, Superior and Rector of the institutions in the plaint schedule property and to hold and possess the plaint scheduled property as such and to live in the building in this property and carry on the religious and charitable functions in the institutions in this property, in accordance with the bye-laws and memorandum of associations relating to the same.

(b) Granting a decree of permanent injunction restraining the defendants from interfering in any way with the 1st plaintiff's rights stated above and from trespassing into the plaint scheduled property and the buildings therein.

(c) Granting a decree for all the costs of the plaintiff in connection with the suit from the defendants".

The defendants pleaded in their written statements and counter-affidavits to the following effect :-

"The suit itself is not maintainable since the first petitioner plaintiff had filed an earlier suit O.S.598 of 1982, befor
























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