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1998 Supreme(Ori) 227

P.K.MISRA
GADADHAR MISHRA – Appellant
Versus
BIRAJA DEVI – Respondent


Advocates Appeared:
B.MISHRA, G.MUKHERJEE, P.K.Lenka, P.V.B.RAO, P.V.Ramdas, S.K.MOHANTY, S.P.MOHANTY

P. K. MISRA, J.


( 1 ) PLAINTIFF No. 1 is the appellant in all the three appeals against the common order dated 2-2-1996 passed by the Civil Judge (Senior Division), Baripada, rejecting the three separate petitions for injunction. Since the three appeals are directed against the common order in one suit and common questions of fact and law arise for determination, all the appeals are being disposed of together by the present order.

( 2 ) PLAINTIFF No. 10 is a Society registered under the Societies Registration Act (Act 21 of 1860) having its registered office at Bhanjapur. Late Prasanta Kumar Mohanty was admittedly the President of the said Society till his death on 6-12-1993. It is claimed that after the death of Prasanta Kumar Mohanty, plaintiff No. 1 who was the General Secretary, in consultation with plaintiff No. 2 who was the Vice-President, convened a meeting and plaintiff No. 1 was elected as the President and plaintiff No. 3 was elected as the General Secretary. It is further claimed that during the life time of Prasanta Kumar Mohanty, huge amounts were diverted from the funds of plaintiff No. 10 to the personal accounts of Prasanta Kumar Mohanty and his relation as well a






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