Disposed

Vijayanandan Pilla, v. Brahmananda Swamy Siva Yogi Educational Society

Kerala HC14 Jun 2023OP(C)/1452/2019

Case brief

AI extract

What is this about?

The High Court observed that no steps could be taken under impugned interim orders due to substantial delay since 2019. The Court directed the District Judge to hear and dispose of the pending appeals within three months, rendering the prior order's observations ineffective without a fresh hearing.

What did the court decide?

Directed the District Judge to hear and dispose of the appeals within three months; impugned order deemed intercepted.

Vijayanandan Pilla, Vs Brahmananda Swamy Siva Yogi… — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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WEDNESDAY, THE 14^TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945

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FAO NO. 89 OF 2019

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AGAINST THE ORDER DT. 28.05.2019 IN IA 698/2019 IN AS 70/2019 OF

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ADDITIONAL DISTRICT COURT-V, PALAKKAD

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APPELLANTS/PETITIONERS/APPELLANTS/PLAINTIFFS NO.2 TO 5:

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1 VIJAYAN.V.ANAND S/O.VIJAYANANDAN PILLAI,AGED 47 YEARS, PRINCIPAL,BSS GURUKULAM HIGHER SECONDARY SCHOOL,ALATHUR,RESIDING AT ANANDA SADHANAM,DREAM NAGAR, ERIMAYOOR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT-678 546.

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2 VIJAYANANDAN PILLA

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S/O.LATE NARAYANA PILLAI, AGED 80 YEARS,ANANDAM, DREAM NAGAR,ERIMAYUR VILLAGE, ALATHUR TALUK,PALAKKAD DISTRICT-678 546.

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3 ANANDAVALLI

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W/O.VIJAYANANDAN, AGED 71 YEARS,ANANDAM,DREAM NAGAR,ERIMAYUR VILLAGE, ALATHUR TALUK,PALAKKAD DISTRICT-678 546.

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4 D.MANIKUTTAN

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S/O.DEVARAJAN PILLAI,AGED 49 YEARS, GURUVANDANAM,DREAM NAGAR,ERIMAYUR, ALATHUR TALUK,PALAKKAD DISTRICT-678 546.

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BY ADV N.ANAND

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FAO NO. 89 OF 2019 -2-

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RESPONDENTS/RESPONDENTS/DEFENDANTS 1 AND 2:

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1 ANANDA MAHA SABHA REPRESENTED BY ITS PRESIDENT, SWAMY SIVANANDA YOGI, SIDHASRAMAM,ALATHUR, PALAKKAD DISTRICT-678 546.

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2 SWAMY SIVANANDA YOGI, PRESIDENT,ANANDA MAHA SABHA,SIDHASRAMAM,ALATHUR, PALAKKAD DISTRICT-678 546.

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BY ADVS. SRI.P.VIJAYARAGHAVAN SHRI.SREENATH VIJAYARAGHAVAN SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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THIS FAO HAVING COME UP FOR HEARING ON 14.06.2023, ALONG WITH OP(C).1452/2019, 1450/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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WEDNESDAY, THE 14^TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945

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OP(C) NO. 1452 OF 2019

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AGAINST THE ORDER DT. 28.05.2019 IN IA 695/2019 IN AS 69/2019 OF

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ADDITIONAL DISTRICT COURT-V, PALAKKAD

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PETITIONERS/APPELLANTS/DEFENDANT NOS.3, 4 & 5:

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1 VIJAYANANDAN PILLA, AGED 80 YEARS, S/O. LATE NARAYANA PILLAI, ANANDAM, DREAM NAGAR, ERIMAYUR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT 678 546

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2 VIJAYAN V ANAND, AGED 47 YEARS S/O. VIJAYANANDAN PILLAI, PRINCIPAL, BSS GURUKULAM HIGHER SECONDARY SCHOOL, ALATHUR, RESIDING AT ANANDA SADHANAM, DREAM NAGAR, ERIMAYOOR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT 678 546

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3 PORERI VIJAYAN, AGED 59 YEARS FATHERS NAME NOT KNOWN, CHALIKKARA, NOCHAD (P.O), NADUVANNUR VILLAGE, KOZHIKODE DISTRICT 673 614

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BY ADVS. GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE

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OP(C) NO. 1452 OF 2019 -2-

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RESPONDENTS/RESPONDENTS:

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1 BRAHMANANDA SWAMY SIVA YOGI EDUCATIONAL SOCIETY, REG. NO. 118/1984, ALATHUR, PALAKKAD DISTRICT 678 541 REPRESENTED BY BY ITS PRESIDENT, SWAMY SIVANANDA YOGI.

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2 SWAMI SIVANANDA YOGI, PRESIDENT, BRAHMANANDA SWAMI SIVA YOGI EDUCATIONAL SOCIETY, MADATHIPATHI-SIDHASRAMAM, PUTHIYANKAM AMSOM, ALATHUR TALUK 678 541, PALAKKAD DISTRICT.

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BY ADVS.

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SRI.P.VIJAYARAGHAVAN SRI.V.A.JOHNSON (VARIKKAPPALLIL) SHRI.SREENATH VIJAYARAGHAVAN

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THIS OP (CIVIL) HAVING COME UP FOR HEARING ON 14.06.2023, ALONG WITH FAO.89/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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WEDNESDAY, THE 14^TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945

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OP(C) NO. 1450 OF 2019

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AGAINST THE ORDER DT. 28.05.2019 IN IA 701/2019 IN AS 71/2019 OF

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ADDITIONAL DISTRICT COURT-V, PALAKKAD

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PETITIONERS/PETITIONERS/APPELLANTS/PLAINTIFFS NOS. 2 TO 5:

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1 VIJAYAN V. ANAND, AGED 47 YEARS S/O. VIJAYANANDAN PILLAI, PRINCIPAL, BSS GURUKULAM HIGHER SECONDARY SCHOOL, ALATHUR, RESIDING AT ANANDA SADHANAM, DREAM NAGAR, ERIMAYOOR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT 678 546

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2 N. VIJAYANANDAN PILLA, AGED 80 YEARS S/O. LATE NARAYANA PILLAI, ANANDAM, DREAM NAGAR, ERIMAYUR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT 678 546

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3 ANANDAVALLI, AGED 71 YEARS W/O. VIJAYANDAN, ANANDAM, DREAM NAGAR, ERIMAYUR, ALATHUR TALUK, PALAKKAD DISTRICT.

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4 PORERI VIJAYAN, AGED 59 YEARS CHALIKKARA, NOCHAD (P.O), NADUVANNUR VILLAGE, KOZHIKODE DISTRICT 673 614

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OP(C) NO. 1450 OF 2019 -2-

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5 C. BALACHANDRAN, AGED 64 YEARS S/O. CHATHUKUTTY EZHUTHACHAN, RESIDING AT HARE KRISHNA, KALLAMPAD, MELARCODE P.O, ALATHUR TALUK, PALAKKAD.

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BY ADV P.B.KRISHNAN

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RESPONDENTS/RESPONDENTS/DEFENDANTS 1 AND 2:

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1 SIDHASRAMAM, POONGAD , ALATHUR P.O, PUTHIYANKAM AMSOM DESOM, ALATHUR TALUK, PALAKKAD DISTRICT, REPRESENTED BY SWAMI SIVANANDA YOGI 678 546

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2 SWAMI SIVANDANDA YOGI, AGED 48 YEARS SANYASAM, MADATHIPATHI/PRESIDENT, BRAHMANANDA SWAMI SIVAYOGI, SIDHASRAMAM, P.B NO. 1, PUTHIYAMKAM AMSOM DESOM, ALATHUR TALUK, PALAKKAD DISTRICT 678 546

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BY ADVS. SRI.P.VIJAYARAGHAVAN RAJESH SIVARAMANKUTTY SRI.V.A.JOHNSON (VARIKKAPPALLIL) SHRI.SREENATH VIJAYARAGHAVAN

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THIS OP (CIVIL) HAVING COME UP FOR HEARING ON 14.06.2023, ALONG WITH FAO.89/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = F.A.O. No.89 of 2019 & O.P.(C) Nos.1450 & 1452 of 2019 = = = = = = = = = = = = = = = = = = Dated this the 14^th day of June, 2023

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J U D G M E N T

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Three suits, OS 196/2009, 175/2010 and OS 145/2011

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were jointly tried and disposed of by common judgment.

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Challenging the decree and judgment, appeals

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were filed as AS Nos.69/2019, 70/2019 and 71/2019 by the aggrieved. In the appeal, interlocutory applications were moved as IA Nos.695/2019, 698/2019 and 701/2019.

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The appellate court, on 28.05.2019, disposed of

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the applications in the following manner :-

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“In the result,

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All the three interim applications are disposed of as follows:

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(a) There will be no stay of the operation of the decree and judgment passed by the court below in OS 196/09 and OS 175/10.

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F.A.O. No.89 of 2019 & O.P.(C) Nos.1450 & 1452 of 2019

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-: 2 :-

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(b) That the third respondent in all the appeals, shall immediately convene a general body meeting of BSS Educational Society for the purpose of electing the members to the governing body of the society.

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(c) It is made clear that the general body of the BSS Educational Society consist all the members of anandha maha sabha as per the register maintained by the sidhashramam, and no other persons.

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(d) At the same time it is also made clear that the appellants in AS 70/2019 shall also be permitted to participate in the general body of the BSS Educational Society to be convened.

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(e) The appellants in AS 70/2019 have the voting right but does not have the right to contest for any posts to the governing body, executive committee etc.

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(f) The third respondent in the appeals, in his capacity as the President in perpetuity shall preside over the general body meeting as well as executive committee meeting of BSS Educational Society but he does not have any veto power and the majority decision will prevail upon.”

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F.A.O. No.89 of 2019 & O.P.(C) Nos.1450 & 1452 of 2019

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-: 3 :-

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Challenging the said order, these proceedings

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were instituted before this Court.

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I have heard the learned counsel for the

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parties.

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Consequent on the interim orders passed by this Court, no further steps in pursuance of the order impugned could be taken. The appeals are of the year 2019. At this distance of time, I do not think it necessary to have a detailed consideration of the rival contentions of the parties on which they are at issue in the pending appeals. The orders impugned, as noticed, are purely interlocutory. It would be sufficient if the appellate court hears and disposes the appeals itself untrammelled/uninfluenced by any of the observations and findings in its order dated 28.05.2019. Such observations and findings shall be deemed to have been interfered with by this Court.

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F.A.O. No.89 of 2019 & O.P.(C) Nos.1450 & 1452 of 2019

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-: 4 :-

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Accordingly, the FAO and O.P.(C)s are disposed of directing the appellate court to hear and dispose of the appeals - AS Nos.69/2019, 70/2019 and 71/2019, after hearing the parties as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. Till the appeals are disposed of, the interim orders granted by this Court shall be operative.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF OP(C) 1452/2019

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE PLAINT IN O.S NO. 196/2009
	ON THE FILES OF THE MUNSIFF COURT, PALAKKAD
EXHIBIT P2	TRUE COPY OF THE WRITTEN STATEMENT IN O.S NO. 196/2009 FILED BY THE DEFENDANTS BEFORE THE MUNSIFF COURT, PALAKKAD
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 12-04-2019 PASSED BY THE MUNSIFF COURT, ALATHUR IN O.S NO. 196 OF 2009
EXHIBIT P4	TRUE COPY OF THE I.A NO. 812/2019 IN O.S NO. 196 OF 2009 FILED BEFORE THE MUNSIFF COURT, ALATHUR.
EXHIBIT P5	TRUE COPY OF THE ORDER DATED 12-04-2019 IN I.A NO. 812/2019 IN O.S NO. 196 OF 2009 PASSED BY THE MUNSIFF COURT, ALATHUR.
EXHIBIT P6	TRUE COPY OF THE A.S NO. 69/2019 PREFERRED BEFORE THE COURT OF THE DISTRICT JUDGE AT PALAKKAD
EXHIBIT P7	TRUE COPY OF THE STAY PETITION I.A NO. 695/2019 FILED IN A.S NO. 69/2019 BEFORE THE COURT OF THE DISTRICT JUDGE AT PALAKKAD.
EXHIBIT P8	TRUE COPY OF THE NOTICE SO PUBLISHED AND AFFIXED BY THE RESPONDENTS.
EXHIBIT P9	TRUE COPY OF THE COMPLAINT DATED 03-05-2019 PREFERRED BY THE 2ND PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, ALATHUR
EXHIBIT P10	TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY ALATHUR POLICE DATED 03-05-2019
EXHIBIT P11	TRUE COPY OF THE SCREENSHOT TAKEN OF THE WHATAPP MESSAGES.
EXHIBIT P12	TRUE COPY OF THE COMPLAINT DATED 03-05-2019
	PREFERRED BY THE PRESIDENT OF THE PARENT TEACHER ASSOCIATION TO THE SUB INSPECTOR OF

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APPENDIX- OP(C) 1452/2019

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-2-

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EXHIBIT P13	POLICE, ALATHUR. TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY ALATHUR POLICE DATED 03-05-2019
EXHIBIT P14	TRUE COPY OF THE INTERIM ORDER DATED 10-05- 2019 IN O.P (C) NO. 1340/2019 PASSED BY THIS HON'BLE COURT.
EXHIBIT P15	TRUE COPY OF THE COMMON ORDER DATED 28-05- 2019 IN I.A NO. 695/2019 IN A.S NO. 69/2019 PASSED BY THE ADDL. DISTRICT COURT-V, PALAKKAD.
RESPONDENT EXHIBITS
EXHIBIT R2(a)	TRUE COPY OF JUDGMENT IS S.A 841/1971 OF THIS HON'BLE COURT.
EXHIBIT R2(b)	TRUE COPY OF ORDER OF EDUCATIONAL AGENCY NUMBERED: B1-27000/77/R.DIS DATED 13/12/1977 BY DEO PALAKKAD.
EXHIBIT R2(c)	THE TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY 4TH MADATHIPATHI SWAMI GANGADHARANANDA YOGI.
EXHIBIT R2(d)	THE TRUE COPY OF THE COMMISSIONER S REPORT AND REPORT OF CHARTERED ACCOUNTANT IN O.S 175/2010 FILED BEFORE THE MUNSIFF COURT ALATHUR.
EXHIBIT R(e)	TRUE COPY OF THE ORDER OF APPOINTMENT OF 2ND PETITIONER AND SERVICE BOOK DATED 24/09/1998.
EXHIBIT R(f)	TRUE COPY OF THE I.A 2135/2018 FILED BY THE RESPONDENT 5 IN O.S 175/2010 BEFORE THE MUNSIFF COURT ALATHUR UNDER S.340 OF CR.P.C
EXHIBIT R2(g)	TRUE COPY OF THE COUNTER FILED BY THE PETITIONER HEREIN IN I.A 2135/2018 IN O.S 175/2010 BEFORE MUNSIFF COURT ALATHUR.
EXHIBIT R2(h)	THE TRUE COPY OF THE ORDER SHEET OF O.S. 196/2009 OF MUNSIFF COURT ALATHUR OF THE DATE 12/04/2019 AS DOWNLOADED FROM THE WEBSITE.

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APPENDIX- OP(C) 1452/2019

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-3-

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EXHIBIT	R2(i) TRUE COPY OF THE COUNTER FILED BY THE RESPONDENT HEREIN BEFORE THE HON'BLE DISTRICT COURT PALALKKAD IN AS.69/2019 IN I.A.695/2019 OF STAY OF THE JUDGMENT.
EXHIBIT	R2(j) TRUE COPY OF THE NOTICE ISSUED BY RESPONDENT HEREIN TO THE 2ND PETITIONER FOR PRELIMINARY ENQUIRY.
EXHIBIT	R2(k) TRUE COPY OF THE POSTAL ENVELOPE (RETURNED).
EXHIBIT	R2(l) TRUE COPY OF THE POLICE COMPLAINT FILED BY THE RESPONDENT HEREIN.
EXHIBIT	R2(m) TRUE COPY OF THE PAGE NO.10 OF SCHOOL MAGAZINE OF B.S.S GURUKULAM H.S.S PUBLISHED IN THE YEAR 2012-13.
EXHIBIT	R2(n) TRUE COPY OF FIR IN CRIME NO.240/2019.
EXHIBIT	R2(o) TRUE COPY OF CHANGE OF MANAGEMENT APPLICATION FILED BY THE C BALACHANDRAN.
EXHIBIT	R2(p) TRUE COPY OF LETTER GIVEN BY C BALACHANDRAN BEFORE DEO PALAKKAD.
EXHIBIT	R2(q) TRUE COPY OF LETTER GIVEN BY C BALACHANDRAN BEFORE DDE PALAKKAD.

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¶105

APPENDIX OF OP(C) 1450/2019

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE PLAINT IN O.S NO. 175/2010 ON THE FILES OF THE MUNSIFF COURT, ALATHUR.
EXHIBIT P2	TRUE COPY OF THE WRITTEN STATEMENT IN O.S NO. 175/2010 FILED BY THE
	DEFENDANTS BEFORE THE MUNSIFF COURT, ALATHUR
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 12-04- 2019 PASSED BY THE MUNSIFF COURT,
	ALATHUR IN O.S NO. 196 OF 2009 AND CONNECTED SUITS.
EXHIBIT P4	TRUE COPY OF THE I.A NO. 812/2019 IN O.S NO. 196 OF 2009 FILED BEFORE THE MUNSIFF COURT, ALATHUR.
EXHIBIT P5	TRUE COPY OF THE ORDER DATED 12-04-
	2019 IN I.A NO. 812/2019 IN O.S NO.
	196 OF 2009 PASSED BY THE MUNSIFF COURT, ALATHUR.
EXHIBIT P6	TRUE COPY OF THE A.S NO. 71/2019
	PREFERRED BEFORE THE COURT OF THE
	DISTRICT JUDGE AT PALAKKAD
EXHIBIT P7	TRUE COPY OF THE STAY PETITION I.A NO. 701/2019 FILED IN A.S NO. 71/2019
	BEFORE THE COURT OF THE DISTRICT JUDGE AT PALAKKAD
EXHIBIT P8	TRUE COPY OF THE NOTICE SO PUBLISHED
	AND AFFIXED BY THE RESPONDENTS.

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APPENDIX - OP(C) 1450/2019

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-: 2 :-

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EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 0305-2019 PREFERRED BY THE 1ST PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, ALATHUR EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY ALATHUR POLICE DATED 03-05-2019. EXHIBIT P11 TRUE COPY OF THE SCREENSHOT TAKEN OF THE WHATSAPP MESSAGES. EXHIBIT P12 TRUE COPY OF THE COMPLAINT DATED 0305-2019 PREFERRED BY THE PRESIDENT OF THE PARENT TEACHER ASSOCIATION TO THE SUB INSPECTOR OF POLICE, ALATHUR. EXHIBIT P13 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY ALATHUR POLICE STATION DATED 03-05-2019. EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER DATED 10-05-2019 IN O.P(C) NO. 1341/2019 PASSED BY THIS HON'BLE COURT. EXHIBIT P15 TRUE COPY OF THE COMMON ORDER DATED 28-05-2019 IN I.A NO. 701/2019 IN A.S NO. 71/2019 PASSED BY THE ADDL. DISTRICT COURT-V, PALAKKAD.

Vijayanandan Pilla, v. Brahmananda Swamy Siva Yogi Educational Society

Case brief

What is this about?

What did the court decide?

Vijayanandan Pilla, v. Brahmananda Swamy Siva Yogi Educational Society

Case brief

What is this about?

What did the court decide?

What the court decided

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