IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 FAO.No. 172 of 2010() --------------------- OS.2/2008 of ADDL.DISTRICT COURT, THRISSUR .................... PETITIONER ------------------------------ MUHAMMEDHUNNI, AGED 55, S/O.ULAKAZHIYOOR MUHAMMED ALI, VADAKEKAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): RESPONDENT ------------------------- SADHIKH @ JAFFER SADHIKH, S/O.ULAKAZHIYOOR ABOOBACKER, VADAKEKAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT 680506. ADV. SRI.RAJIT FOR R1 SRI.RANJIT BABU FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN -UL- RASHID, J --------------------------------- F.A.O.NO.172 OF 2010 -------------------------------- Dated this the 15th day of July, 2010. JUDGMENT The petitioner in I.A.No.885 2008 in O.S.No.2/2008 on the file of 1st Additional District Court, Thrissur is the appellant. The suit was filed by the petitioner as plaintiff for declaration that membership issued in favour of the 2nd defendant is null and void and for a perpetual injunction to restrain the 1st defendant association not to admit and participate the 2nd respondent in the activities of the association. The I.A. 885/2008 is filed for an order directing the respondent in the I.A. to not to act as a member of the 1st defendant association till the disposal of the suit. By the impugned order, exparte order of injunction originally granted is vacated. 2. In the Interlocutory application, the 1st defendant association is not made a party. The learned counsel for the appellant submitted that the respondent was admitted as a member illegally, that he is not a nominee of Aboobacker Haji and therefore, he is not a member of the society. It is further F.A.O.NO.172 OF 2010 2 submitted that since, he is not a valid nominee he cannot participate in the meetings of the society and the act of the association in admitting the respondent as a member is vitiated by illegality and therefore, 1st defendant association has no right to induct a stranger to the meeting held by the association. The learned counsel submitted that the respondent in the I.A being not a valid nominee cannot exercise any right as a member of the association in accordance with the bye law. 3. The petitioner produced Ext.A1 to A6 documents and the respondent produce Ext.B1 to B11 documents. The court below perused the documents. Ext.B1 is the share certificate issued by the association in favour of late Aboobacker Haji, subsequently transferred in the name of the respondent. Ext.B2 is the Identity Card which shows that the respondent was admitted as a member of the Islamic Cultural Society and the admission number is noted in Ext.B2. Ext.B3 is the minutes of the general body held on 27.2.2007. The general body decided to admit him as a member. Ext.B2 is the identity card which shows that the respondent is admitted as a member. Ext.B3 minutes shows that the society has took decision to admit the F.A.O.NO.172 OF 2010 3 respondent as a member. The above said document shows that the respondent is acting as a member of the society. The learned judge observed that since the respondent is a member, it is not proper to restrain him from participating in the general body meeting. Ext.B3 proceedings evidently shows that the society took decision to admit the respondent as a member in the meeting held on 27.2.2007. Since the respondent is acting as a member like the petitioner in the I.A., it may not be proper for the court to restrain him from exercising his right as a member at this stage. The question as to whether the membership issued validly or not, in a question is to be decided at the time of final decision in the suit. In the result, the appeal fails and accordingly, dismissed. The parties are at liberty to raise all contentions including the question of jurisdiction. The 1st Addl. District Court is directed to dispose of the suit on or before 15th December, 2010. No order as to costs. HARUN-UL-RASHID, JUDGE. pm