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2005 Supreme(Ker) 787

PIUS C.KURIAKOSE
Sree Narayana Dharma Samajam – Appellant
Versus
Mohandas – Respondent


JUDGMENT

Pius C. Kuriakose, J.

1. Defendants in a suit for declaration and injunction are the appellants in R.S.A. No. 1003 of 2004 and the original respondent in the R.S.A. is the plaintiff in the suit. Respondents 2, 3, and 4 in R.S.A. No. 1003 of 2004 are parties who have been impleaded subsequent to the filing of the Second Appeal on the basis of I.A. Nos. 1925, 1981 and 1963 of 2004. The Trial Court decreed the suit in part. The plaintiff preferred an appeal before the District Court. The District Court allowed the appeal and decreed the suit in full. R.S.A. 1003 of 2004 is directed against the judgment and decree of the District Court. Additional respondents 2 to 4 in this appeal support the appellants. Even though the Courts below have narrated the rival pleadings very elaborately, I am also referring to the pleadings in brief. The parties will be referred to by their status and ranks before the Trial Court.

2. According to the plaintiff he is a member of Sree Narayana Dharma Samajam, a society registered under T.C. Act 12 of 1955 which functions at Ayyappankavu within the limits of Kochi Corporation. The defendants in the suit are the President and Secretary of the said societ































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