Single judge order directing trial court to amend plaint, listen to meeting validity matter and dispose suit by 30.06.2017 for subsequent election.
Petitioners directed to amend plaint; trial court to dispose suit by 30.06.2017 and produce meeting minutes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 25TH DAY OF MAY 2017/4TH JYAISHTA, 1939
OP(C).No. 1623 of 2017 (O)
AGAINST THE PROCEEDINGS IN I.A.NO.1541 OF 2017 (MOVED BEFORE DISTRICT COURT, THIRUVANANTHAPURAM (VACATION COURT) IN O.S.NO.2261 OF 2016 ON THE FILE OF COURT OF THE ADDITIONAL MUNSIFF, THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS/PLAINTIFFS:
1. PROF. BASHEER .E, S/O.EBRAHIMKUTTY, AGED 75 YEARS, RESIDING AT HOUSE NO.22, SAGARAM, PSC NAGAR, NEERAZHI LANE, ULLOOR, CHERUVAIKKAL VILLAGE, MEDICAL COLLEGE P O, THIRUVANANTHAPURAM,PIN-695011, REPRESENTED BY POWER OF ATTORNEY HOLDER, T.A.ABDUL WAHAB, S/O.ABDULO MUTHALIF, AGED 76 YEARS, T.C.53/580(1),JANNATH GARDENS, KAIRALI NAGAR, KARAKKADE LANE, KARAKKAMANDAPAM, NEMOM P O, THIRUVANANTHAPURAM, PIN-695020.
2. MOHAMMED AZAM A., S/O.ANSAR JAN, AGED 44 YEARS, PRESENTLY RESIDING AT TC.49/249, CRA-147, MANACAUD, KAMALESWARAM, MANACAUD VILLAGE,
THIRUVANANTHAPURAM.
BY ADV. SRI.P.B.KRISHNAN SRI.BINOY VASUDEVAN
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1. MUSLIM ASSOCIATION THIRUVANANTHAPURAM, REG.NO.40/1966, REPRESENTED BY ITS SECRETARY, NANADAVANAM, THIRUVANANTHAPURAM, PIN-695 001.
OP(C).No. 1623 of 2017 (O)
2. P.M.PAREED HAVA KHAN, S/O.PEER MUHAMMED, AGED 65 YEARS, SECRETARY, MUSLIM ASSOCIATION THIRUVANANTHAPURAM, REG.NO.40/1966, THIRUVANANTHAPURAM, RESIDING AT APARTMENT 15-E, TOWER-5, ASSET SIGNATURE, MENAMKULAM, KAZHAKUTTOM P O, THIRUVANANTHAPURAM, PIN-695 015.
3. E.M.NAJEEB, S/O.ELLIYAS MOHAMMED, AGED ABOUT 60 YEARS, PRESIDENT, MUSLIM ASSOCIATION THIRUVANANTHAPURAM, REG.NO.40/1966, THIRUVANANTHAPURAM , RESIDINT AT IST FLOOR, NEW CORPORATION BUILDING, PALAYAM, THIRUVANANTHAPURAM, PIN-695 006.
R1 TO R3 BY ADVS. SRI.T.KRISHNANUNNI (SR.) SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1623 of 2017 (O)
APPENDIX
PETITIONERS’ EXHIBITS :
| EXHIBIT P1 |
TRUE COPY OF THE MUSLIM ASSOCIATIO |
BYE-LAW OF THE TRIVANDRUM N. |
|---|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE THE FILE OF THE C MUNSIFF, THIRUVAN |
PLAINT IN OS NO 2261/2016 ON OURT OF THE FIRST ADDITIONAL ANTHAPURAM. |
| EXHIBIT P3 |
TRUE COPY OF THE 10789/2016 IN OS COURT OF THE FRST THIRUVANANTHAPURA |
ORDER DTD 2/12/2016 IN IA NO NO 2261/2016 ON THE FILE OF THE ADDITIONAL MUNSIFF, M. |
| EXHIBIT P4 |
TRUE COPY OF THE THE FILE OF THE C MUNSIFF, THIRUVAN |
ORDER IN IA NO 10789/2016 ON OURT OF FIRST ADDITIONAL ANTHAPURAM. |
| EXHIBIT P5 | TRUE COPY OF THE | JUDGMENT IN OPC NO 701/2017. |
| EXHIBIT P6 |
TRUE COPY OF JUD NO.8/2017 ON THE THIRUVANANTHAPURA |
GMENT DTD 29/3/2017 IN CMA FILE OF THE DISTRICT COURT, M. |
| EXHIBIT P7 |
TRUE COPY OF THE NO 1347 OF 2017. |
JUDGMENT DTD 10/04/2017 IN OPC |
| EXHIBIT P8 |
TRUE COPY OF THE MEETING PROPOSED |
NOTICE FOR CONVENING THE ON 24/9/2017. |
| EXHIBIT P9 |
TRUE COPY OF IA VACATION COURT, T |
NO 1541/2017 FILED BEFORE THE HIRUVANANTHAPURAM. |
RESPONDENTS’ EXHIBITS :
NIL
// True Copy //
P.A. To Judge
DSV/-
B. KEMAL PASHA, J.
O.P.(Civil) No.1623 of 2017
Dated this the 25th day of May, 2017
~ ~ ~ ~ ~ ~ ~ ~ ~
Heard learned counsel for the petitioners Sri.P.B.Krishnan and learned Senior Counsel for the respondents Sri.T.Krishnan Unni.
OPC.1623/2017
: 2 :
expressed an apprehension that the petitioners may not get the details of the special general body meeting allegedly held on 21.05.2017.
O.P.(Civil) is disposed of accordingly.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/26/05
// True Copy //
PA to Judge
Prof. Basheer .E
Mohammed Azam A.
Muslim Association Thiruvananthapuram
P.M.Pareed Hava Khan
E.M.Najeeb
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
