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2024 Supreme(Online)(KER) 35348

HIGH COURT OF KERALA
VIJU ABRAHAM, J
ASPRASAD V.P – Appellant
Versus
GURUDEVA TRUST – Respondent


Advocates:
ANIL KUMAR SREEDHARAN, GUNAVARDHANAN M.N., BIJOY S., RENJITH THAMPAN (SR.)(K/276/1990), ANJANA KANNATH, JIMMI JOSE INDIA, S.SREEKUMAR (SR.)(S-571)

J U D G M E N T

The above original petition is filed challenging Ext P9 judgment of the Addl. District Judge, North Paravur in CMA No. 4 of 2024.

2. It is contended that the petitioners are the defendants in O.S. No. 488 of 2023 on the file of the Munsiff Court, North Paravur filed by respondents/plaintiffs. I.A. No. 3 of 2023 was filed seeking temporary prohibitory injunction and the same was dismissed as per order dated 21.12.2023. Challenging the same, C.M.A No. 4 of 2024 was filed and the same was partly allowed as per Ext P9 judgment. It is further contended that petitioners/defendants 1 to 13 are the executive committee members of the 1st respondent Trust elected by a special general body meeting held on 10.09.2023. O.S. No. 488 of 2023 was filed seeking to declare the notice dated 01.09.2023 and meeting dated 10.09.2023 as invalid, and for a permanent prohibitory injunction restraining the petitioners herein from trespassing into 1st respondent’s premises.

3. It is averred that the 1st respondent is a Public Charitable Trust and Ext.P10 is the registered trust deed, and the said Trust is an educational agency managing various educational institutions including an Engineering Co

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