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2023 Supreme(Online)(KER) 14246

HIGH COURT OF KERALA
Sathish Ninan, J
N.T. MUHAMMED SHAREEF – Appellant
Versus
ASSOCIATION FOR THE WELFARE OF THE HANDICAPPED – Respondent


Advocates:
SRI.V.V.ASOKAN (SR.), SRI.K.I.MAYANKUTTY MATHER, SRI.P.RAHUL, SRI.P.K.MOHAMED JAMEEL (CAVEATOR), N.KRISHNA PRASAD, NISHA GEORGE, SRI.P.A.HARISH, SRI.B.G.BHASKAR, SMT.DEEPA NARAYANAN, SRI.K.JAYAKUMAR SR., SRI.K.JAYESH MOHANKUMAR, SRI.P.K.MOHAMED JAMEEL, SRI.PUSHPARAJAN KODOTH, SMT.PREETHI. P.V., SRI.V.V.SURENDRAN GEORGE POONTHOTTAM (SR.), IMAM GRIGORIOS KARAT, SMT.DEEPA NARAYANAN, SRI.P.A.HARISH, SRI.P.K..MOHAMED JAMEEL (CAVEATOR), SRI.B.G.BHASKAR, SMT.N.DEEPA, SMT.N.S.SOUMYA MOL, SRI.K.I.MAYANKUTTY MATHER, SRI.S.K.SAJU, SRI.P.K..MOHAMED JAMEEL (CAVEATOR), SRI.PUSHPARAJAN KODOTH, SMT.PREETHI. P.V. , SRI.P.RAHUL, SRI.K.I.MAYANKUTTY MATHER, SRI.P.K.MOHAMED JAMEEL, SRI.PUSHPARAJAN KODOTH, SMT.PREETHI. P.V., SRI.P.RAHUL, SMT.N.S.SOUMYA MOL, GEORGE POONTHOTTAM (SR.)

J U D G M E N T

These appeals arise from the decree and judgment in a suit in which essentially the dispute relate to the administration of a Society namely, “the Association for Welfare of Handicapped” hereinafter referred to as “AWH”. AWH is a Society registered under the Societies Act . It runs about 32 educational institutions.

2. In the Society there arose disputes between the members and they formed into two factions, one faction which showed allegiance to the President and the other to the Secretary. In the proceedings they have been referred to as the “President Faction” and the “Secretary Faction”. Both factions purported to hold separate general body meetings and elected executive committee/managing committee members. This resulted in suits as O.S.667 of 2010 (originally numbered as O.S.368 of 2008 of the Principal Munsiff-II, Kozhikode), O.S.187 of 2008, O.S.226 of 2008, O.S.365 of 2008 and O.S.537 of 2008. The suits related to election to the governing body, and the expulsion and induction of members to the Society.

3. The trial court originally, as per judgment dated 23.12.2009, declared the general body meetings claimed to have been held by both factions respectively,

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