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2015 Supreme(Online)(KER) 40692

HIGH COURT OF KERALA
B.KEMAL PASHA, J
A K SUNILKUMAR – Appellant
Versus
KODAL NADAKKAVU N S S KARAYOGAM    Advocate - DEEPA NARAYANAN, ,DEEPA NARAYANAN,K JAYESH MOHANKUMAR,PUSHPARAJAN KODOTH,T SETHUMADHAVAN (SR ),VANDANA MENON – Respondent


J U D G M E N T

Ext.P6 order in IA 3352/2014 in OS 302/2006 of the Subordinate Judge's Court, Kozhikode is under challenge. The defendants claim that they were duly elected as office bearers of NSS Karayogam, Kodal Nadakkavu, Kozhikode in the election held in the General Body on 11.12.2005. The said aspect is challenged by the plaintiffs. According to the plaintiffs, no such General Body was convened; 175 members allegedly participated in the the so called General Body had not participated in such a General Body, and 90% of those 175 members allegedly participated in the so called General Body were not even members of the Karayogam.

O.P.(C)519 of 2015 The defendants wanted to prove before the court below that the said members allegedly participated in such a General Body allegedly convened on 11.12.2005 were members of the NSS Karayogam. Therefore, in order to prove the said fact, the petitioners had filed Ext.P3 IA under Order XI Rule

14 of the Code of Civil Procedure, 1908.

2. It is true that the Commissioner was appointed by the court below to verify the list of members submitted by the petitioners with the records of the Karayogam. The Commissioner has filed Ext.P5 report by mentio

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