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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Harilal, Annie John, JJ
PROF. MEERAN MALUK MOHAMMED.S., SALIH K.M., MOHAMMED ABDUL KHADER, SHAHUL HAMEED, ADV. HUSAIN . M.M., MOHAMMED P., AHAMMED KUTTY P.M., ADV. NOUFALA M.K., BASHEER N.A., ABDUL KHADIR S., SHAHUL HAMEED.K., EBRAHIM H.M., SALIM A.B., RAHIM M.A. KANYA, NIZAR A., ABDUL KHADAR M. – Appellant
Versus
THE MUSLIM ASSOCIATION, THIRUVANANTHAPURAM, P.M. PAREED BHAVAKHAN, E.M. NAJEEB, IBRAHIM RAWTHER, BASHEER KOYA A. – Respondent
| Table of Content |
|---|
| 1. court disposition of executive committee members' appeal. (Para 1 , 2 , 3) |
| 2. arguments regarding the characteristics of public trust. (Para 4 , 5 , 8) |
| 3. nature of the inquiry under section 92 of the cpc. (Para 9 , 10 , 11) |
| 4. no transformation from society to public trust established. (Para 21 , 32 , 39) |
JUDGMENT
K. Harilal, J.
The appellants are the petitioners 1 to 10 and 12 to 17 in O.P.(Trust) No.308 of 2016 of the Additional District Court-II, Thiruvananthapuram. The aforesaid Original Petition was filed under Section 92 (1) of the Code of Civil Procedure, 1908(hereinafter referred to as 'the C.P.C.') by 17 persons, who are the executive committee members of the 1st respondent. The 1st respondent is an association of persons, registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, the Act XII of 1955(Kerala). The respondents 2 to 4 are the Secretary, President and Treasurer respectively of the Association. As per the averments in the said petition, the 1st respondent, the Muslim Association, Thiruvananthapuram, was formed on 03.11.1957 and subsequently, it was registered as a society under the Travancore-Cochin Lite
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