Case Summary
The plaintiffs, consisting of Illath Abdul Majeed and K. Balaramakurup, are the President and Secretary of Nanmanda High School Society, and they have filed a suit against Minas Thenanchery. The case involves a dispute regarding the authority of the defendant to issue notices as President of the society after resigning from the position.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from convening a general body meeting.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, declaring the notice issued by the defendant as null and void. The defendant is restrained from convening the general body meeting.
Why Plaintiff Won:
The plaintiffs were able to prove that the defendant had no right to act as President after his resignation.
The plaintiffs were able to prove that the defendant had no right to act as President after his resignation.
Losing Side's Weaknesses:
The plaintiffs were able to prove that the defendant had no right to act as President after his resignation.
The plaintiffs were able to prove that the defendant had no right to act as President after his resignation.
Supporting Evidence
Even though the defendant filed a written statement, he did not participate in the trial. Therefore evidence tendered by PW1 stands unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) That it is declared that Ext. A11 notice issued by the defendant is null and void and the defendant has no right to issue Ext A11 notice. 2) That the defendant is restrained by a permanent prohibitory injunction from convening a general body meeting.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Illath Abdul Majeed
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K. Balaramakurup
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nanmanda High School Society
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Minas Thenanchery
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Certified copy of by law in Nanmanda High School Society, Certified copy of memorandum of association and Bylaw in Nanmanda High School Society, Certified copy of Minutes book of the executive meeting in Nanmanda High School Society.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. S. Farha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that Ext. A11 notice issued by the defendant is null and void
Evidence:
In the result, the suit is decreed as follows: 1) That it is declared that Ext. A11 notice issued by the defendant is null and void and the defendant has no right to issue Ext A11 notice.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from convening a general body meeting
Evidence:
2) That the defendant is restrained by a permanent prohibitory injunction from convening a general body meeting.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of the suit shall follow the event
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Certified copy of by law in Nanmanda High School Society
Submitted By:
Plaintiff
Relevance:
This document provides the rules governing the operation of the Nanmanda High School Society.
Reference:
Ext.A1
Document Type:
Certified copy of memorandum of association and Bylaw in Nanmanda High School Society
Submitted By:
Plaintiff
Relevance:
This document details the foundational framework of the Nanmanda High School Society.
Reference:
Ext.A1(a)
Document Type:
Certified copy of membership Register of Nanmanda High School Society
Submitted By:
Plaintiff
Relevance:
This document lists the members of the Nanmanda High School Society.
Reference:
Ext.A2
Document Type:
Certified copy of Minutes book (Volume 1) of the executive meeting in Naminda High School Society
Submitted By:
Plaintiff
Relevance:
This document records the proceedings of the executive meetings which support the plaintiffs' claims.
Reference:
Ext.A3
Document Type:
Certified copy of Minutes book (Volume 2) of the executive meeting in Naminda High School Society
Submitted By:
Plaintiff
Relevance:
This document further evidences the decisions taken during the executive meetings.
Reference:
Ext.A3(a)
Document Type:
Certified copy of Minutes book (Volume 3) of the executive meeting in Naminda High School Society
Submitted By:
Plaintiff
Relevance:
This document supports the continuity of the committee's decisions.
Reference:
Ext.A3(b)
Document Type:
Certified copy of Minutes book (Volume 1) of the General Body meeting in Naminda High School Society
Submitted By:
Plaintiff
Relevance:
This document records the General Body's decisions, relevant to the case.
Reference:
Ext.A4
Document Type:
Certified copy of Minutes book (Volume 2) of the General Body meeting in Naminda High School Society
Submitted By:
Plaintiff
Relevance:
This document contains further decisions made by the General Body that impact the proceedings.
Reference:
Ext.A4(a)
Document Type:
Certified copy of judgment in O.S. 6/2003 in District Court Kozhikode
Submitted By:
Plaintiff
Relevance:
This judgment serves as precedent and context for the current case.
Reference:
Ext.A5
Document Type:
Certified copy of Plaint in O.S. 218/2018 on the file of Munsiff court-I (P) Kozhikode
Submitted By:
Plaintiff
Relevance:
This document outlines a related civil suit that bears relevance to the organizational structure in question.
Reference:
Ext.A7
Document Type:
Certified copy of Commission Report in O.S. 218/2018 on the file of Munsiff court-I (P) Kozhikode
Submitted By:
Plaintiff
Relevance:
This report provides findings related to the prior civil suit affecting the present case.
Reference:
Ext.A8
Document Type:
The Resignation letter issued by T. Minhas to K. Balarama Kurup
Submitted By:
Plaintiff
Relevance:
This letter confirms the resignation of the defendant from his position, undermining his claims.
Reference:
Ext.A10
Document Type:
The notice issued by Minahas Thenanchery regarding General Body of Nanmanda High School Society
Submitted By:
Plaintiff
Relevance:
This notice challenged by the plaintiffs as unauthorized by the defendant.
Reference:
Ext.A11
Document Type:
Copy of plaint in O.S. 173/2021 on the file of Munsiff Court I (P), Kozhikode
Submitted By:
Plaintiff
Relevance:
This document relates to another suit that may affect the understanding of current governance issues.
Reference:
Ext.A12
Document Type:
Certified copy of judgment in O.S. 173/2021 on the file of Munsiff Court I(P), Kozhikode
Submitted By:
Plaintiff
Relevance:
This judgment provides context regarding previous decisions affecting the same parties.
Reference:
Ext.A13
Document Type:
Certified copy of judgment in A.S. 42/2023 on the file of Additional District Court I, Kozhikode
Submitted By:
Plaintiff
Relevance:
This decision is relevant for understanding ongoing appeals and governance matters.
Reference:
Ext.A14
Document Type:
Copy of order in RSA 430/2023 of High Court of Kerala
Submitted By:
Plaintiff
Relevance:
This order impacts how the current case will be interpreted in light of the High Court's decisions.
Reference:
Ext.A15
Document Type:
Certified copy of plaint in O.S. 132/2021 on the file of Additional Munsiff Court -I, Kozhikode
Submitted By:
Plaintiff
Relevance:
This document may relate jurisdictionally or substantively to the case at hand.
Reference:
Ext.A16
Document Type:
Certified copy of Order in IA 1/2021 in O.S. 132/2021 on the file of Additional Munsiff Court I, Kozhikode
Submitted By:
Plaintiff
Relevance:
This order conveys procedural aspects that are significant to the overall case.
Reference:
Ext.A17
Document Type:
Certified copy of Proceedings by D.E.O. Thamarassery
Submitted By:
Plaintiff
Relevance:
This document details administrative procedures significant to the governance structure.
Reference:
Ext.A18
Document Type:
Certified copy of order in WP(C) 8241/21 of High Court of Kerala
Submitted By:
Plaintiff
Relevance:
This order from the High Court may impact governance and authority claims.
Reference:
Ext.A19
Document Type:
Copy of proceedings No.EM 3/5335/21 dated 12.05.2022 of Director of General Education
Submitted By:
Plaintiff
Relevance:
This proceeding may offer insight into educational governance affecting the society's claims.
Reference:
Ext.A20
Document Type:
Copy of Order No.7897/2022 of General Education Department (F) of Kerala
Submitted By:
Plaintiff
Relevance:
This order could provide legal framework concerning the management of the society.
Reference:
Ext.A21
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Illath Abdul Majeed et al vs Minas Thenanchery regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Illath Abdul Majeed et al vs Minas Thenanchery regarding declaration and permanent prohibitory injunction.