2024/KER/15047 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 20^TH DAY OF FEBRUARY 2024/1ST PHALGUNA, 1945 OP(C) NO. 1990 OF 2022 AGAINST THE JUDGMENT IN CMA 22/2022 OF ADDITIONAL DISTRICT COURT-I, MAVELIKKARA DATED 24.08.2022 FILED AGAINST THE ORDER IN I.A.No.1/2022 IN O.S.No.59/2022 OF MUNSIFF COURT, KAYAMKULAM DATED 18.06.2022 PETITIONER/RESPONDENT/CR.PETITIONER:

SUBHASH VASU, AGED 60 YEARS, SON OF VASU, RESIDING AT PUTHEN VEETTIL HOUSE, SOUTH MANKUZHI, BHARANICKAVU VILLAGE, PULLIKANAKKU P.O., KAYAMKULAM, PIN – 690537.

BY ADVS.

T.S.HARIKUMAR P.B.SAHASRANAMAN N.N.SUGUNAPALAN (SR.)(S-678)

RESPONDENTS/APPELLANTS/PETITIONERS:

1 SREE GURUDEVA CHARITABLE AND EDUCATIONAL TRUST HAVING REGISTERED OFFICE AT KATTACHIRA, PALLICKAL P.O, KAYAMKULAM, REPRESENTED THROUGH ITS GENERAL SECRETARY IN CHARGE, VEVELANCHIRA SUKUMARAN, SON OF KOCHUMMINI, AGED 71 YEARS, RESIDING AT LEKSHMI PRIYA, PUTHIYAVILA MURI, KANDALLOOR VILLAGE, KARTHIKAPPALLY TALUK, PIN – 690531.

2 A.M.GOPALAN @ GOKULAM GOPALAN, CHAIRMAN, SREE GURUDEVA CHARITABLE AND EDUCATIONAL TRUST, AGED 77 YEARS, RESIDING AT GOKULAM VILLA, PALOLIPPALAM, PUTHUPATTANAM, NADAKKUTHAZHA, CALICUT, KERALA, PIN – 673105.

BY ADVS.

DINOOP P.D UTHARA A.S K.B.PRADEEP(K/000908/1990)

C.UNNIKRISHNAN (KOLLAM)(K/864/1994)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated, this the 20^th February, 2024 The petitioner herein is the defendant in the suit, O.S.No.59/2022 pending before the Munsiff Court, Kayamkulam and the respondent in Ext.P3 interlocutory application for injunction. He is aggrieved by Ext.P11 order rendered in C.M.A. No.22/2022, which reversed the dismissal of an injunction, vide Ext.P5 order.

2. Heard Sri.N.Sugunapalan, learned Senior Counsel, instructed by T.S.Harikumar, on behalf of the petitioner; Sri.K.B.Pradeep, learned counsel for the 1^st respondent and Sri.C.Unnikrishnan for the 2^nd respondent.

3. The bare minimum facts, which are required to be taken note of for disposing this Original Petition are as follows:

The petitioner herein (defendant in the suit)

was functioning as the Secretary of the 1^st respondent Trust. Alleging certain actions, which are against the interest of the Trust, the defendant was suspended from the said post by the Governing body in its meeting held on 07.02.2022 and Sri.Velanchira Sukumaran was elected as General Secretary in charge, as could be seen from Ext.R1(f) herein. The suit was instituted when the defendant issued a notice on 24.01.2022, in his capacity as the Secretary, calling for a meeting of the Board of Directors on 21.02.2022, allegedly without the permission of the Chairman and which seeks to induct four Governing body members, without there being any vacancy for the same.

4. It is the contention of the plaintiff/ respondent that four persons have already been inducted as Governing body members earlier, which according to the defendant is illegal and invalid. It is on that premise that he seeks to induct four more persons. In such circumstances, the suit was instituted seeking an injunction simpliciter, restraining the defendant from convening the Director Board meeting of the plaintiff Trust on 21.02.2022 or on any other date pursuant to the notice dated 24.01.2022. In the same lines, an interim injunction was also sought for vide Ext.P3 application. The learned Munsiff, vide Ext.P5 order, found that the induction of four members into the Governing body of the plaintiff Trust was illegal and invalid, as contended for by the defendant. It was also found that the suspension of the defendant from his office as the General Secretary as per the decision taken in the meeting dated 07.02.2022 was also illegal. Accordingly, the injunction sought for was refused.

5. In the C.M.A carried therefrom by the plaintiff, the learned Additional District Judge, vide Ext.P11 impugned order, found in paragraph no.27 that though there are some irregu