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2012 Supreme(Ker) 829

THOMAS P.JOSEPH
Muhammad Thayyib – Appellant
Versus
A. P. Abdul Khader Maulavi – Respondent


Advocates Appeared:
For the Petitioners:S. Vinod Bhat, Advocate.
For the Respondents:V.V. Asokan, K.B. Sivaramakrishnan, Smt. Rukhiyabi Mohd Kunhi, Advocates.

Judgment :

The Second Appeals and Cross objections arise from the common judgment and decree of learned Third Additional District Judge, Kozhikode in A.S. Nos.230 of 2008 and 217 of 2008 respectively, and the Cross Objection in A.S. No.217 of 2008. Those appeals and Cross Objection were brought from the common judgment and decree of learned Additional Munsiff, Kozhikode-I in O.S. No.568 of 2002. R.S.A. No.1279 of 2010 is at the instance of additional defendants 4 to 7 while R.S.A. No.1283 of 2010 is preferred by defendants 2 and 3 (first defendant died pending the suit). Plaintiff has preferred the Cross Objections. Parties are referred as plaintiff and defendants for convenience.

2. The plaintiff is Shri A.P. Abdul Khader Moulavi claiming to be the General Secretary of the Kerala Naduvathul Mujahideen (for short, "the KNM"), Mujahid Centre, Anniehall Road, Kozhikode. Shri Abdul Khader Moulavi filed the suit on behalf of the KNM as its General Secretary, under Rule 8 of Order I of the Code of Civil Procedure (for short, "the Code") effecting necessary publication in that regard, originally against defendants 1 to 3 for a declaration that the resolutions passed at a meeting of the St































































































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