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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ASSOCIATION FOR THE WELFARE OF THE HANDICAPPED – Appellant
Versus
K.P.MOHAMMED S/o MOIDEEN KOYA – Respondent
JUDGMENT :
BASANT BALAJI, J.
The petitioners are the plaintiffs and the respondents are the defendants in O.S.667/2010. The suit was decreed as per Ext.P1, which reads as follows:
“1. It is hereby declared that, as on 01.04.2008, AWH was having 42 members. (Since D2 is no more, as on today there are only 41 members are available) A commission shall be appointed by the court for supervising the general body meeting of the members of AWH and for the election of executive committee members consisting of 13 members including the office bearers. The general body meeting and election shall be conducted strictly in accordance with the provisions of Ext.A5 bye-laws, after giving notice to all the aforesaid members. The commissioner appointed by the court shall act as the returning officer in the election. The entire process of election shall be completed within a period of two months from this day.”
2. Against the judgment and decree, an appeal was filed as AS No.1/2017 before the Sub Court, Kozhikode. The first appellate court, by Ext.P2 judgment dated 21.12.2017, allowed the appeal and modified the preliminary decree as follows:
“In the result, appeal is allowed in part and Judgement and decr
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