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2014 Supreme(Mad) 2505

Before the Madurai Bench of Madras High Court
T. MATHIVANAN, J.
Virudhunagar Hindu Nadargal Abiviruthi Panchukadai Mahamai, Rep. by its Secretary & Others
Versus
V.M.A.R.T. Ramesh & Others
C.R.P.(NPD) (MD). No. 1095 & 1132 of 2014 & M.P. Nos. 1, 1 of 2014
Decided On: 13-08-2014

Advocates Appeared:
For the Appearing Parties:AR.L. Sundaresan, M. Vallinayagam, Senior Counsels, M/s. A.L. Gandhimathi, Nallathambi, Advocates.

The court emphasized the availability of alternative remedies under the Code of Civil Procedure for challenging the injunction.

Headnote:

JURISDICTION - CIVIL REVISION - TAMIL NADU SOCIETIES REGISTRATION ACT, 1975 - SUMMARY

Fact of the Case:

The respondents filed a suit seeking declaration that certain members of the society were disqualified and restraining the society from convening its General Body Meeting. The revision petitioners challenged the ad-interim injunction granted by the trial court.

Finding of the Court:

The court found that the trial court had jurisdiction to grant the injunction and had followed the necessary procedures. The court dismissed the revision petitions and directed the trial court to dispose of the matter within two weeks.

Issues: Jurisdiction of the trial court to grant the injunction, compliance with procedural requirements for granting injunction

Ratio Decidendi: The court held that the trial court had jurisdiction to grant the injunction and had followed the necessary procedures. The court emphasized the availability of alternative remedies under the Code of Civil Procedure for challenging the injunction.

Final Decision: The revision petitions were dismissed, and the trial court was directed to dispose of the matter within two weeks.

Judgment :

1. After invoking the jurisdiction of this Court under Article 227 of the Constitution of India, this memorandum of civil revisions are directed against the fair and decretal order, dated 28.4.2014 and made in I.A.No.185 of 2014 in O.S.No.70 of 2014 on the file of the learned District Munsif, Virudhunagar.

C.R.P.No.1095 of 2014:-

2. The revision petitioner is the first respondent/first defendant, whereas the respondents 1 and 2 are the plaintiffs 1 and 2 and the respondents 3 to 83 are the defendants 2 to 82 in the suit.

C.R.P.No.1132 of 2014:-

3. The revision petitioners 1 to 44 are the defendants 2, 6, 9, 10, 12, 15, 16, 17, 18, 22 to 25, 27, 28, 30, 31, 33, 35, 43, 45, 47, 53 to 60, 63 to 67, 70 to 74, 77, 79, 81 and 82 in the suit, whereas the first and second respondents are the plaintiffs 1 and 2 and the remaining respondents are the remaining defendants in the suit.

4. With the parties to the revision petitions and the subject matter, which is in issue in both the revisions are one and the same, these two revision petitions have been clubbed together, heard jointly and disposed of in this common order.

5. The respondents 1 and 2 herein have filed the suit in O.S.No.70 of 2014 as against the revision petitioners as well as the other respondents in both the revisions seeking the relief of declaration to declare that the defendants 2 to 82 in the suit became disqualified or ceased to be the member of the first defendant society and consequently restrain them from exercising any right of the member of the first defendant society including the right of participation as a member in the General Body meeting of the society and also for permanent injunction to restrain the first defendant society from convening its General Body Meeting permitting the defendants 2 to 82 to participate for any purpose including for the purpose of making any amendment in the existing bye-law so as to qualify them to continue as a member of the first defendant society.

5a. It also appears that along with the above suit, the respondents 1 and 2 being the plaintiffs have also taken out an application in I.A.No.185 of 2014 under Order 39 Rule 1 and 2 C.P.C. to pass an order of injunction restraining the first defendant society from convening its General Body meeting by allowing the respondents/defendants 2 to 82 to participate in the said meeting and exercise the right of a member of it to transact and pass any resolutions including the election of the member of the General Body of the Educational Institution and other Institutions set out in the bye-law of the first defendant society and making amendment in the bye-law to qualify the respondents 2 to 82 till the disposal of the main suit and also to grant ex parte ad-interim injunction.

6. The revision petitioner in C.R.P.No.1095 of 2014, who is the first defendant in the suit is the Society appears to have been established more than 180 years back by the Hindu Nadars of Virudhunagar, who are doing business in cotton and other agricultural products. Subsequently, it was registered under the Tamil Nadu Societies Registration Act, 1975 and its registration number is S.No.57 of 1979.

7. As per the averments in paragraph 5 of the plaint, the society was established with avowed objects of promoting the public by establishing educational institution, reading rooms, hostels for poor students and educational scholarship for students and to give training for the eligible persons so as to get employment in Government and also to render all sorts of help including financial assistance to the educational institutions.

8. The Society has got its own bye-law. Rule No.2 of the bye-law contemplates the following eligibilities for becoming a member of the Society:-

a. Any Hindu Nadars of Virudhunagar or a firm of Hindu Nadars of Virudhunagar.

b. Hindu Nadar of Viruhdunagar or a firm of Hindu Nadars of Virudhunagar doing trade, business or engineering business.

c. Payment of Mahamai.

9. It also appears that any p



































































































































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