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OS No. 46 / 2024

Case between Sasi P.A vs Sree Narayana Gurukulam Charitable Trust et al regarding dispute over trust management.

Court
THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha.N.A
Order Date
2024-07-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Sasi P.A, a petitioner and member of the Board of trustees, filed a petition against the Sree Narayana Gurukulam Charitable Trust and its office bearers due to alleged illegal actions and financial mismanagement. The case revolves around the appointment of a new treasurer and the implications of trust governance.

Judgment Outcome

Defendant Won
Interim Order
The petition was dismissed as the court found that an injunction would disrupt the financial operations of the trust, which is responsible for running an educational institution. The balance of convenience favored the respondents.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition was dismissed as the court found that an injunction would disrupt the financial operations of the trust, which is responsible for running an educational institution. The balance of convenience favored the respondents.
Key Reasoning:
The court concluded that granting an injunction would adversely affect the trust's operations.
Why Defendant Won:
Not available
Supporting Evidence
The court found that the trust could not perform its essential functions without a treasurer, and granting a prohibitory injunction would lead to operational chaos.

Judgment Evidence:

In the result:- The petition is dismissed with no order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sasi P.A
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Sree Narayana Gurukulam Charitable Trust
Party Role
Defendant
Party Name
Anilan R
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
K K Karnan
Party Age
72
Relation
S/o
Party Role
Defendant
Party Name
A R Sasikumar
Party Age
69
Relation
S/o
Party Role
Defendant
Party Name
K N Gopalakrishnan
Party Age
58
Relation
S/o
Plaintiffs Documents
Original Bye-law of Sree Narayana Gurukulam Charitable Trust, Notice issued by the 3rd defendant, Copy of order in I.A 1/2023 in O.S 64/2023 issued from Sub court, Perumbavoor, Copy of commission report in I.A 19/2024 in O.S 24/2024
Defendants Documents
Resignation letter of Treasurer, Copy of Minutes Book, Copy of order of Sree Narayana Gurukulam Charitable Trust, Copy of Minutes Book, Copy of Minutes of Director Board Meeting, Copy of Notice issued by Sree Narayana Gurukulam Charitable Trust

Advocates

Party Role
Plaintiff
Advocate Name
C.R.Vinod Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sajo Zacharia
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Silpa Gopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jacob K Abraham
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anil Kumar C.R
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Renjith Rajan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
N.Ramesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sanitha T.R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.A.Benny
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.A Benny
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Refused
Description:
The petitioner requested a prohibitory injunction against the 5th respondent acting as treasurer.
Evidence:
The court found that if the injunction was granted, it would lead to chaos in the financial administration of the trust.

Documents & Evidence

Document Type: Original Bye-law of Sree Narayana Gurukulam Charitable Trust
Submitted By: Plaintiff
Relevance:
This document was referenced to support the petitioner's claim regarding the violation of the bye-laws in the appointment of the treasurer.
Reference:
Ext.A1
Document Type: Notice
Submitted By: Plaintiff
Relevance:
This notice was referenced to establish the timeline of actions taken by the defendants.
Reference:
Ext.A2
Document Type: Copy of order in I.A 1/2023
Submitted By: Plaintiff
Relevance:
This order was cited as evidence of previous legal matters concerning the president of the trust.
Reference:
Ext.A3
Document Type: Copy of commission report
Submitted By: Plaintiff
Relevance:
This report was mentioned in context with ongoing legal evaluations relevant to the case.
Reference:
Ext.A4
Document Type: Resignation letter of Treasurer
Submitted By: Defendant
Relevance:
This letter was used to establish the resignation of the treasurer and support the defendants' claim regarding the appointment of the new treasurer.
Reference:
Ext.B1
Document Type: Copy of Minutes Book
Submitted By: Defendant
Relevance:
This minute book was referenced to outline decisions made by the executive committee.
Reference:
Ext.B2
Document Type: Copy of order of Sree Narayana Gurukulam Charitable Trust
Submitted By: Defendant
Relevance:
This order was mentioned to detail actions taken regarding the treasurer's position.
Reference:
Ext.B3
Document Type: Copy of Minutes Book
Submitted By: Defendant
Relevance:
This minute book was cited to provide evidence of the executive committee's decisions regarding the treasurer.
Reference:
Ext.B4
Document Type: Copy of Minutes of Director Board Meeting
Submitted By: Defendant
Relevance:
This document was used to show the discussion and approval of the treasurer's resignation and new appointment.
Reference:
Ext.B5
Document Type: Copy of notice
Submitted By: Defendant
Relevance:
This notice was presented to demonstrate communications issued by the trust.
Reference:
Ext.B6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Sasi P.A vs Sree Narayana Gurukulam Charitable Trust et al regarding dispute over trust management.
Case Code Year
Case between Sasi P.A vs Sree Narayana Gurukulam Charitable Trust et al regarding dispute over trust management.

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Charitable Trust

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