IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 9946 of 2007(H) ------------------------- OS.24/2005 of MUNSIFF COURT, KOLENCHERRRY .................... PETITIONER(S): --------------- BRAHMASREE KAILASANATHANANDHA - THEERTHAPADAR, MADADHIPATHI & STHIRADHYAKSHAN PARAMABHATTARA GURUKULA SEVA SANGHAM SREE RAMANANDA NAGAR, VADAYAMBADI KARA, AIKKARANADU NORTH VILLAGE. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): --------------- 1. PARAMA BHATTARA GURUKULA SEVA SANGHAM, SREE RAMANANDA NAGAR, VADAYAMBADI KARA, AIKKARANADU NORTH VILLAGE, KANAYANNOOR THALUK. 2. PARAMA BHATTARA GURUKULA SEVA SANGHAM, REP.BY ITS PRESIDENT, SREENI, AGED 39 YEARS, S/O.CHANDRASEKHARAN NAIR, KAVANAL, PUTHENCRUZ KARA, PUTHENCRUZ (P.O), ERNAKULAM DISTRICT. 3. PARAMABHATTARA GURUKULA SEVA SANGHAM, REP.BY ITS SECRETARY SREEKUMAR, AGED 36 YEARS, S/O NARAYANA PILLAI, VRAJIAM, NADAMA DESOM, NADAMA VILLAGE, THRIPUNITHURA (PO), ERNAKULAM. 4. SREE DHARMANANDA THEERTHAPADAR, AGED 53 YEARS, PARAMABHATTARA GURUKULA SEVASAMGHAM, SREE RAMANANDA NAGAR, VADAYAMBADI KARA, AIKKARANADU NORTH VILLAGE. 5. VASUDEVAN PILLAI, S/O.RAMAVARMA THAMPURAN, AGED 80 YEARS, VENATTU HOUSE, PAYIPRA KARA, MULAVOOR VILLAGE, MOOVATTUPUZHA TALUK. ADV. SRI.D.SREEKUMAR FOR R4 & R5 G.P. MR. PUZHAKKARA MOHAMMED APPEARED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPPENDIX PETITIONER'S EXHIBITS:- P1: Copy of the plaint filed in the suit OS 24/2005. P2: Copy of the written statement filed by the respondents 1 to 3 (defendants 1 to 3) in O.S. 24/05 P3: Copy of the written statement filed by the 4th respondent in OS 24/05 P4: Copy of the report submitted by Advocate Commissioner dated 20-7- 2006 in O.S.No.24/05 P5: Copy of the common judgment by this Honourable Court in Transfer Petitions (Civil) Nos. 131/06 and 133/06 dated 10-11-06. P6: Copy of the affidavit and petition filed for impleading, as I.A.No.77/07 in O.S.No.24/05 P7: Copy of the objections filed in the I.A. for impleading by the petitioner. P8: Copy of the objections filed in the I.A. for impleading by the 3rd respondent. P9: Copy of the order passed by the Munsiff's Court in I.A.77/07 in OS..No.24/05 dt. 9-3-2007. RESPONDENTS' EXHIBITS:- R1A: True copy of the original registered bye law of the Asharam. R1B: True copy of the judgment in W.P(C) No.16047/2004 dt. 22-9-2004. R1C: True copy of the certificate issued by the Dsitrict Registrar dated 3-3- 2004. R1D: True copy of the notice issued by this deponent as the Secsretary of the Ashram dt. 11-3-2005. P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 9946 of 2007 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of October, 2009 JUDGMENT In this writ petition, the plaintiff in O.S. No.24 of 2005 of the Munsiff's Court, Kolenchery challenges Ext.P9 order allowing the 5th respondent herein to be impleaded as additional 5th defendant in the suit. 2. The petitioner is the plaintiff in O.S.No.24 of 2005 on the file of the Munsiff's Court, Kolenchery. The petitioner/plaintiff is the “Sthiradhyakshan” of the 1st respondent sangham and “Madathipathi” of the Ashramam situated therein. The 1st respondent/1st defendant Sangham is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act. Respondents 2 and 3 are defendants 2 and 3 who are the President and Secretary respectively of the Sangham. The suit is filed for a declaration that the plaintiff was the “Sthiradhyakshan” of the 1st respondent sangham and to restrain the defendants from interfering with the plaintiff's managing the sangham. The plaintiff was examined as PW1 and Exts.A1 to A6(A) to (F) were marked in the suit. At that stage the 5th respondent filed I.A.No.77 of 2007 to implead him as the additional 5th defendant in the suit claiming that he is the present Secretary of the W.P.C.9946/07 2 sangham. By Ext.P9 order the trial court allowed the application. Now the plaintiff has filed this writ petition challenging the said order. 3. On going through the records and having heard the submissions made by the learned counsel on both sides, I find no grave error or illegality in the order passed by the trial court. The main contention raised by the petitioner/plaintiff is that the 5th respondent who sought to be impleaded as addl. 5th defendant is not the Secretary and not even a member of the sangham. The petitioner is entitled to raise all his objections before the trial court and adduce evidence to show that the 5th respondent is not a Secretary or a member of the 1st respondent sangham. Therefore, I feel that impleading the 5th respondent as additional 5th defendant will not in any way prejudice the petitioner. 4. Hence, I find no merit in this writ petition and the same is dismissed. The suit is of the year 2005. Therefore, the trial court is directed to dispose of the suit as early as possible, not later than six months from the date of receipt of copy of this judgment. P.Q. BARKATH ALI, JUDGE mn