This suit for implied trust removal of office bearers and appointment of a commissioner was dismissed as voluntarily withdrawn by the plaintiff's counsel.
Suit dismissed as withdrawn. No costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:02.09.2015
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU
C.S.No.515 of 2003
1.A.Ebeneser
2.Pastor Samuel Devonasam
1st plaintiff substituted as per order dated 30.06.2003 in Appl.No.4620/02.
..Plaintiffs
/vs/
1.The Madras and Chingelput
Tamil Strict Baptist Trust Society, by its Secretary Jackene Solomon, Elected Secretary,
2.D' Cruz Solomon(since deceased)
3.Dominic Vincent
4.Premkumar
5.Jackene Solomon
(Defendants 3 and 4 have been substituted as per the order dated 30.06.2003 in Appl.No.5061/2002) ..Defendants
Civil Suit has been filed under Section 92 of Civil Procedure Code (1)to grant necessary leave to file this suit under Section 92 CPC; (2)to remove and disqualify the present office bearers of the defendant-society from holding office Trustees of the defendant-society, or otherwise from functioning as members of the defendant-society; (3)to appoint a Commissioner to conven the general body meeting of the defendant-society for electing new office bearers who subscribes to the doctrine of the Strict Baptist Church, (4) to introduce such amendments to the constitution of the https://hcservices.ecourts.gov.in/hcservices/ first defendant society as are necessary to safeguard the interest of the trust and in particular to provide that the same officers
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shall not continue in office for more than three years and such other amendments as may be necessary in conformity with the provisions of the Tamil Nadu Societies Registration Act;(5)the membership clause in Rule 2 needs to be amended to enable each church to send three representatives for the general body and to limit their term to one year at a time and to make fifty percent of the total membership constitute the quaram and to prohibit a disqualified members from seeking membership through another church; (6)pending disposal of the suit, to appoint a Receiver to take charge of the functioning of the defendant-society;(7) direct the defendants to pay the plaintiffs the costs of the suit.
The learned counsel appearing for the plaintiffs seeks
permission to withdraw the suit and he has also made an endorsement to that effect. Accordingly, this suit is dismissed as withdrawn. No costs. Consequently connected application is also closed.
Dated this the day of 2016
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/
1 provisions across 1 enactments
K. Ravichandrababu
As recorded by the court registry
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