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2024 Supreme(Online)(Ker) 67239

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ER.BABUSHA N – Appellant
Versus
SREE NARAYANA HEALTH CARE SOCIETY – Respondent


JUDGMENT

Dated, this the 9th April, 2024

Two questions surface for consideration in this Original Petition. The first question - in the context of Section 25 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 ('Act 12 of 1955', for short) – is whether it is permissible to seek a relief, which is not specifically recognised in of the Act? The second issue is whether an amendment to incorporate subsequent events, as also, to seek a relief on that basis, can be allowed or not.

2. The factual backdrop is as follows:

Sree Narayana Health Care Society is one registered under Act 12 of 1955, having 241 members. As many as 33 out of them preferred Ext.P1 Original Petition, O.P.(Society) No.122/2021, under Act 12 of 1955, for framing a scheme for the better and efficient management of the 1st respondent Society and also for a direction to conduct election to the fresh Governing body of the 1st respondent Society, in accordance with the scheme so framed, through the process of court. Along with the Original Petition, I.A.No.1/2021 was filed seeking a temporary injunction restraining the respondents in the Original Petition, inter alia fr

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