IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 FAO.No. 314 of 2009() --------------------- AGAINST THE ORDER IN IA 860/2009 IN OP.217/2009 of DISTRICT COURT,KOLLAM .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. S. SURESH RAJ, S/O. SIVASANKARAN, LAILABHAVANAM, KADAPPAKADA, KOLLAM EAST VILLAGE, KOLLAM TALUK. 2. SASHIDHARAN @ ULIAKOVIL SASI, S/O. KUTTAN ULIYAKOVILAZHIKOM, ULIAKOVIL, KOLLAM. 3. PRATHAP SINGH, S/O. BHARATHAN, BRAHMANAZHIKATHU, KADAPPAKADA, KOLLAM. 4. K.S.SALIM, S/O. SHANMUGHAN, K.S. SADANAM KUNNATHU VEEDU, KADAPPAKADA, KOLLAM. 5. B. RAJPRABHA, S/O. T.M. BHASKARAN, PRIYA-KUNNATHU, KADAPPAKADA, KOLLAM. 6. KRISHNADAS, S/O. GOPALAKRISHNAN, PADINJATTINKARA, KADAPPAKADA, KOLLAM.\ 7. SANTHOSH LAL, S/O. GOPINATHAN, KOTTAPURATHU VEEDU, DO. DO. 8. K.S. SAJAITH, S/O. SHANMUGHAN, K.S.SADANAM, KUNNATHU, DO. DO. 9. SURESH BABU, S/O. PURUSHOTHAMAN, VANIVILASAM VEEDU, DO. DO. 10. RAJAN, S/O. BHASKARAN, RAJ BHAVANAM, KADAPPAKA, KOLLAM. 11. G. SUNDARESHAN, VAYALIL VEEDU, DO. DO. 12. SHINU, S/O. SAMARENDRAN, ADHARSHLAND, DO. DO. 13. BABU @ ANIL KUMAR, S/O. MADHAVAN CHAKKAYIL MEKKATHIL, DO. DO. 14. SOMARAJAN, S/O. NARAYANAN, LAKSHMI VILASAM, SREEBHADRANAGAR-175, ULIYAKOVIL, KOLLAM. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. M/S.SREE DHARMA SHASTHA SHETHRAM Q 824/93, KADAPPAKKADA, KOLLAM, REP. BY ITS PRESIDENT OF GOVERNING BODY, SREE DHARMA SHASTHA SHETHRAM, KADAPPAKADA KOLLAM. 2. SRI. D. DEVADATHAN, PRESIDENT SREE DHARMA SHASTHA SHETHRAM, KADAPPAKKADA KOLLAM, NOW RESIDING AT DARSHAN, KADAPPAKKADA KOLLAM. 3. SRI.P.K. SUKUMARAN, SECRETARY, DO. DO. RESIDING AT INDIVARAM, KADAPPAKKADA, KOLLAM 4. B. JAYAPRAKASH, TREASURER, DO. DO. RESIDING AT SAJITHA, KADAPPAKKADA, KOLLAM. ADV. SRI.S.SUDHEESHKAR FOR R1 TO R4 SRI. K.SIJU FOR R1 TO R4 SRI.PRATHEESH.P FOR R1 TO R4 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 314 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2010 JUDGMENT Basheer, J. Appellants are the petitioners in an Original Petition filed under Section 25 of the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 on the file of the District Court, Kollam. The prayer in the Original Petition is to remove the existing Governing Body of Respondent No.1 Society and to appoint a fresh Governing Body and also to frame a scheme for the better and efficient management of the first respondent Society and other incidental reliefs. 2. During the pendency of the above Original Petition, the appellants moved an application under Order F.A.O. No. 314 of 2009 2 XL Rule 1 of the Code of Civil Procedure praying for appointment of a Receiver for the management of the affairs of the Society by removing respondent Nos. 2 to 4 from the management. 3. The court below, after considering the rival contentions, held that this is not a fit case, where a Receiver is to be appointed as suggested by the appellants. The said order is impugned in this appeal. 4. We have heard learned counsel for the parties and perused the materials available on record. 5. Having perused the impugned order, we are not satisfied that any interference is warranted with the order under challenge. We have been informed that pleadings are complete in the Original Petition. In the peculiar facts and circumstances of this case, we are of the view that the court below has to be directed to expedite the trial and dispose of the Original Petition. We do so. F.A.O. No. 314 of 2009 3 6. The appeal is, therefore, disposed of with a direction to the court below to dispose of the Original Petition as expeditiously as possible, at any rate, before closure of the courts for summer recess. (A.K. BASHEER) Judge (M.L. JOSEPH FRANCIS) Judge tm