O R D E R

(The matter is heard through 'video conferencing/hybrid mode')

This Civil Revision Petition is filed to set aside the fair and decreetal order dated 30.01.2015 made in I.A.No.21297 of 2010 in O.S.No.10304 of 2010 on the file of the VI Additional City Civil Court, Chennai.

2.The petitioners are defendants in O.S.No.10304 of 2010 on the file of the VI Additional City Civil Court, Chennai (originally filed before the Original jurisdiction of this Court and numbered as C.S.No.284 of 2006). The respondent filed the said suit for a declaration, to declare the act of removing the respondent from primary membership of the 2nd petitioner by the 1st petitioner, on 11.12.2004, as illegal and unlawful and for a permanent injunction, restraining the 1st petitioner or his men from using the name of the Indian Union Muslim League (hereinafter referred to as IUML, for the sake of brevity) Party in the prefix or suffix or their flag or use its symbol Ladder in any meeting or rally or for any canvassing for votes in the forthcoming Assembly Elections in the month of May, 2006. The petitioners filed I.A.No.21297 of 2010 (Formerly, Application No.1924 of 2006, filed before this Court, under Order VII Rule 11 of C.P.C.), to reject the plaint in O.S.No.10304 of 2010. According to the petitioners, the 1st petitioner is the President of the 2nd petitioner. On 18.02.2004, the functionaries of the 2nd petitioner, including four former Vice-Presidents and respondent met in Chennai and unanimously resolved that the 1st petitioner will be the 2nd petitioner's candidate for Vellore Parliamentary Constituency and that the 1st petitioner will contest in “Rising Sun” symbol of the D.M.K. Party. On the basis of said resolution, the 1st petitioner became member of the D.M.K. Party and filed his nomination paper and was elected as a Member of the Parliament. While so, within six months of resolution dated 18.02.2004, the four former Vice-Presidents filed C.S.No.615 of 2004 before this Court, for a declaration that the 1st petitioner ceased to be the member of the 2nd petitioner; consequential injunction restraining the 1st petitioner from holding the post of the President of the 2nd petitioner and for a permanent injunction restraining the petitioners or their men from holding or convening the Governing Body Meeting of the Tamil Nadu State Indian Union Muslim League on 07.08.2004 at 10.30 a.m, in the Quaide Milleth Manzil, at No.36, Markayar Labbi Street, Mannadi, Chennai -1, as stated in the notice dated 29.07.2004 or at any other place or date or at places or future dates subsequently. The said plaintiffs also filed 5 applications viz., Original Application Nos.624, 625, 761 and 762 of 2004 and Application No.3540 of 2004, for interim orders in C.S.No.615 of 2004. All the applications were dismissed by a common order dated 29.10.2004 and they filed four appeals viz., O.S.A.Nos.279 to 282 of 2004 as against O.A.Nos.761, 624, 762 and 625 of 2004 respectively. Pending O.S.A.s, they filed another suit in C.S.No.977 of 2004. Both the suits are pending. O.S.As. were dismissed vide common order dated 17.08.2005. S.L.P. (Civil) No.12566 of 2006 filed by the said plaintiffs was also dismissed with a direction for speedy disposal of the said suit.

3.The respondent is acting against the interest of the 2nd petitioner.

The respondent filed nomination to contest in Chepauk Constituency in the Assembly Election, 2006, against the candidate of pre-poll alliance Democratic Progressive Alliance (hereinafter referred to as “DPA”, for the sake of brevity), in which the 2nd petitioner is a constituent and indulged in blatant anti-institutional activities. The membership of the respondent in IUML itself is to be decided and he has to prove the same. That being so, he cannot seek second prayer of injunction, restraining the 2nd petitioner from using the flag, symbol, etc. of IUML.

3(i) The question of twin membership of the 1st petitioner was already decided by this Court in