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O.S No. 723/2016

Case between Virat Viswabrahma Samajam vs Shri. K.G Sundaran et al regarding declaration and injunction

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-10-24
Duration
approximately-8 years 10 months
Case Closed
Thu, 10/24/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Virat Viswabrahma Samajam and its President, claim that the defendants are illegally using their organization's name and have formed a rival organization. They seek a declaration that their association is duly registered and an injunction to stop the defendants from using their name.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit as the plaintiffs could not establish that the first plaintiff is a running association duly registered, since its registration had been struck off. The defendants are allowed to continue using the name of their registered association.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit as the plaintiffs could not establish that the first plaintiff is a running association duly registered, since its registration had been struck off. The defendants are allowed to continue using the name of their registered association.
Key Reasoning:
The first plaintiff association's registration was found to be stricken off and they could not prove the existence of their association in law.
Why Defendant Won:
The first plaintiff association's registration was found to be stricken off and they could not prove the existence of their association in law.
Supporting Evidence
The court established that the first plaintiff association is not a duly registered running association, as its registration had been struck off due to being defunct.

Judgment Evidence:

In the result, suit is dismissed. The parties are directed to suffer their respective costs to the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Virat Viswabrahma Samajam
Relation
represented by its present Secretary
Party Role
Plaintiff
Party Name
Shri. M. G Murukesan
Party Age
52
Party Role
Defendant
Party Name
Shri. K.G Sundaran
Party Age
38
Party Role
Defendant
Party Name
Shri. P. G Murugan
Party Age
62
Party Role
Defendant
Party Name
Shri. K.N Jayakumar
Party Age
38
Party Role
Defendant
Party Name
Virat Viswabrahma Samajam
Relation
represented by its Secretary
Plaintiffs Documents
By law of Virat Viswabrahma Samajam, Trust Deed No. 2016/1970, Sale Deed No. 5161/1987, Sale Deed No.41/1990, Sale Dee No. 3090/1986, Tax receipt, Certified copy of the Judgment in O.S 776/2015
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C. Varghese Kuriakose
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Abraham P George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M. D Beena
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anas C. A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Venkatesh Gopi
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Plaintiff sought a declaration that the association is a running organization.
Evidence:
The plaintiff's registration has been struck off citing the reason defunct by gazette notification.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiff sought a decree to prevent defendants from using the name of the first plaintiff association.
Evidence:
Fourth defendant is duly registered under the provisions of the Act, and thus cannot be restrained from using the name.

Documents & Evidence

Document Type: By law of Virat Viswabrahma Samajam
Submitted By: Plaintiff
Relevance:
This document provides the regulatory framework under which the first plaintiff association operates.
Reference:
Ext.A1
Document Type: Trust Deed
Submitted By: Plaintiff
Relevance:
This document is essential for establishing the ownership of the properties by the first plaintiff.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document confirms the purchase of property that belongs to the first plaintiff.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document is another evidence of property ownership by the first plaintiff.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This document further establishes the first plaintiff's ownership of property.
Reference:
Ext.A5
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
This document may reflect agreements pertaining to the first plaintiff's operations.
Reference:
Ext.A6
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
This document serves as proof that the first plaintiff is remitting tax for its owned properties.
Reference:
Ext.A7
Document Type: Certified copy of the Judgment in O.S 776/2015
Submitted By: Plaintiff
Relevance:
This judgment is relevant to the ongoing disputes concerning the first plaintiff's legal standing.
Reference:
Ext.A8
Document Type: Representation submitted to the District Registrar
Submitted By: Plaintiff
Relevance:
This document is pivotal for the plaintiff's claim regarding the registration status.
Reference:
Ext.A9
Document Type: Letter issued by District Registrar
Submitted By: Plaintiff
Relevance:
This letter addresses the status of the registration related to the first plaintiff.
Reference:
Ext.A10
Document Type: Statement submitted by K.R Janakarajan
Submitted By: Plaintiff
Relevance:
This statement serves as evidence from the secretary of the plaintiff association.
Reference:
Ext.A11
Document Type: Letter submitted to District Registrar
Submitted By: Plaintiff
Relevance:
This letter holds importance in relation to the claims made against the defendants.
Reference:
Ext.A12
Document Type: Statement submitted by K.R Janakarajan
Submitted By: Plaintiff
Relevance:
This statement is additional support for the claims made by the plaintiff.
Reference:
Ext.A13
Document Type: Certified copy of Judgment in WP(c) No.9260/2015
Submitted By: Plaintiff
Relevance:
This judgment underscores discussions relevant to the plaintiff's claims against the defendants.
Reference:
Ext.A14

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 Virat Viswabrahma Samajam vs Shri. K.G Sundaran et al regarding declaration and injunction
Case Code Year
Case between Virat Viswabrahma Samajam vs Shri. K.G Sundaran et al regarding declaration and injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
Thu, 10/24/2024 - 12:00
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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