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2013 Supreme(Ker) 49

A.HARIPRASAD
Anthoyokkya Viswasa Samrakshana Samithi Rep. by its President C. P. John – Appellant
Versus
K. V. Paulose – Respondent


Advocates Appeared:
For the Petitioners:Mathews K. Uthuppachan, Biju C. Abraham, Advocates.
For the Respondents:R1 & R2, Saji Varghese Kakkattumattathil, Advocate.

Judgment :

1. Plaintiffs in O.S.No.59/2011 on the file of the Munsiff Court, Kolencherry approached this Court with the Original Petition under Article 226 of the Constitution of India challenging the order passed by the learned Munsiff in I.A.No.474 of 2011 in the above suit. The application was filed by the defendants in the suit (respondents herein) under Order XI Rule 14 CPC. The suit is one for prohibitory injunction against the defendants from entering and causing damages to the plaint schedule property. Plaintiff is a Society registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955.

2. Brief facts, born out from Ext.P1 plaint, are the following. Petitioners claimed to be the President and Secretary of the plaintiff society. Objects of the society have been detailed in paragraph one of Ext.P.1. Plaintiff purchased properties admeasuring 50 cents. President and Secretary of the plaintiff society are in possession and management of the properties. The property is described in plaint ‘A’ schedule. Respondents in the original petition have no manner of right in Ext.P1 schedule properties On 26-11-2011 they attempted to trespass into the propert


















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