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2011 Supreme(Online)(KER) 19289

HIGH COURT OF KERALA
A.K.BASHEER, P.Q.BARKATH ALI, JJ
N.CHELLAPPAN PILLAI – Appellant
Versus
S.NARAYANA SARMA – Respondent


Advocates:
SR.ADV. SRI.T.KRISHNAN UNNI, SRI.P.V.JYOTHI PRASAD, SRI.P.B.SURESH KUMAR, SMT.T.V.NEEMA, SRI.M.R.RAJENDRAN NAIR, SRI.M.R.HARIRAJ, SRI.V.SAJITH KUMAR, SMT.R.BINDU, SRI.K.SUBASH CHANDRA BOSE, SRI.V.A.MUHAMMED, SRI.K.E.HAMZA, SRI.E.S.ASHRAF, SRI.T.V.VIJAYARAJAN, SMT.P.V.ASHA, SRI.S.A.RAZACK

JUDGMENT

Basheer, J.

Appellants are defendant Nos.1, 4, 7, 9, 10, 12, 14 and 16 to 20 in O.S.No.5/1985 on the file of the Subordinate Judge's Court, Kollam.

2. The above suit was instituted under Section 92 read with Order I Rule 8 of the Code of Civil Procedure , primarily with a prayer to remove defendant No.1 as President and Treasurer of Mukhathala Gramodharana Trust and also from the managership of M.G.T. School. The plaintiffs further prayed that defendants 2 to 9 also be removed from the Board of Trustees and a suitable scheme be framed and settled for the proper administration of the Trust. The other prayer was for a direction to the defendants to render accounts and also to deliver possession of the properties and records of the Trust to the new Trustees to be elected.

3. Initially the suit was instituted by three members of the Trust. Later, supplemental plaintiffs 4 to 18 and supplemental defendants 10 to 24 were impleaded in their capacity either as legal representatives of some of the deceased plaintiffs/defendants or as persons claiming to be interested in the Trust.

4. Shorn of unnecessary details, the gist of the case of the plaintiffs may be briefly noticed.

5. Plainti

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