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O.S No. 192/2025

Case between Brijilal K.P et al vs Sree Narayana Prabodha Chandrodaya Yogam et al regarding a permanent injunction

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-07-23
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, members of the Sree Narayana Prabodha Chandrodaya Yogam, seek a permanent injunction against the defendants to prevent amendments to the society's bye-laws that contravene a previous court decision. The case involves disputed electoral eligibility based on past terms served by certain members.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for an interim prohibitory injunction that sought to prevent changes to the bye-laws of the society. The petition was found to be infructuous as the amendments had already been made.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for an interim prohibitory injunction that sought to prevent changes to the bye-laws of the society. The petition was found to be infructuous as the amendments had already been made.
Key Reasoning:
The respondents proved that the amendments to the bye-laws had already been lawfully made during a General Body Meeting before the petition was filed.
Why Defendant Won:
The respondents proved that the amendments to the bye-laws had already been lawfully made during a General Body Meeting before the petition was filed.
Supporting Evidence
It cannot be said that if such an amendment has been carried out as per the provisions of by law and with the majority stipulated therein, it would be violative of the scheme settled by the Hon’ble District Court and approved by the Hon'ble High Court.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Brijilal K.P
Party Age
48
Relation
S/o
Party Role
Plaintiff
Party Name
Sureshbabu T.S
Party Age
55
Relation
S/o
Party Role
Plaintiff
Party Name
K.Gopi
Party Age
80
Relation
S/o
Party Role
Plaintiff
Party Name
C.R.Haridas
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Shaji A.S
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
Sree Narayana Prabodha Chandrodaya Yogam
Party Role
Defendant
Party Name
N.Sugathan
Party Age
75
Relation
S/o
Party Role
Defendant
Party Name
K.S.Karthikeyan
Party Age
63
Plaintiffs Documents
Photocopy of the Bye-law of the 1st defendant, Photocopy of the Judgment in RFA no. 856/15 of the Hon’ble High Court of Kerala, Photocopy of the order in OP(Society) no. 1248/09 of the Hon’ble 1st Additional District Court, Ernakulam.
Defendants Documents
Copy of the notice issued by the defendant, Copy of the minutes of the GBM of the 1st defendant, Copy of the notice issued by the defendant, Copy of the existing and proposed bye laws issued as part of GBM issued by the 1st defendant, Copy of the minutes of the GBM of the 1st defendant, Copy of Amendment certificate issued by Registrar of Societies, Ernakulam.

Advocates

Party Role
Plaintiff
Advocate Name
Sunil H
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ignatius M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.S.Unnikrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aaditya Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ardra Krishnan M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sohan Varghese Francis
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Petitioners sought a permanent injunction against the defendants from amending certain bye-laws.
Evidence:
Thus, for the reasons afore stated, the point is found against the petitioner.

Documents & Evidence

Document Type: By-Law
Submitted By: Plaintiff
Relevance:
Produced as evidence showing the governing rules of the 1st defendant society.
Reference:
Ext.A1
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
Photocopy of the Judgment in RFA no. 856/15 of the Hon’ble High Court of Kerala.
Reference:
Ext.A2
Document Type: Order
Submitted By: Plaintiff
Relevance:
Photocopy of the order in OP(Society) no. 1248/09 of the Hon’ble 1st Additional District Court, Ernakulam.
Reference:
Ext.A3
Document Type: Notice
Submitted By: Defendant
Relevance:
Copy of the notice issued by the defendant regarding the Extraordinary General Body Meeting.
Reference:
Ext.B1
Document Type: minutes of General Body meeting
Submitted By: Defendant
Relevance:
Copy of the minutes of the GBM of the 1st defendant showing the approval of the amendment to the by-law.
Reference:
Ext.B2
Document Type: Notice
Submitted By: Defendant
Relevance:
Copy of the notice issued by the defendant for another General Body Meeting.
Reference:
Ext.B3
Document Type: Bye-Laws
Submitted By: Defendant
Relevance:
Copy of the existing and proposed bye-laws issued as part of the GBM by the 1st defendant.
Reference:
Ext.B4
Document Type: minutes of General Body meeting
Submitted By: Defendant
Relevance:
Copy of the minutes of the GBM of the 1st defendant.
Reference:
Ext.B5
Document Type: Amendment certificate
Submitted By: Defendant
Relevance:
Copy of the amendment certificate issued by the Registrar of Societies, Ernakulam.
Reference:
Ext.B6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Brijilal K.P et al vs Sree Narayana Prabodha Chandrodaya Yogam et al regarding a permanent injunction
Case Code Year
Case between Brijilal K.P et al vs Sree Narayana Prabodha Chandrodaya Yogam et al regarding a permanent injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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