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Supreme Court of India

Pattabiram Nadargal Iyyakiya ... vs N.Natesan Nadar & Ors on 18 January, 2016

Equivalent citations: AIRONLINE 2016 SC 75

Bench: Rohinton Fali Nariman, Kurian Joseph

                                                                          NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 285 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 16102 OF 2011]

      PATTABIRAM NADARGAL IYYAKIYA SANGAM & ORS  Appellant(s)

                                VERSUS

N.NATESAN NADAR & ORS                      Respondent(s)


                               J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellants' main apprehension appears to be that on account of injunction granted by the Additional District & Sessions Judge, Fast Track Court No. III, Poonamallee, Tamil Nadu in the Judgment and decree dated 29.02.2008 that they may not be in a position to participate in the affairs of the society including the elections thereof of the Pattabiram Nadargal Iyyakiya Sangam.

3. Having heard the learned counsel appearing for the other side also, we do not find any justification for the apprehension. The Trial Court only dealt with the situation prevailing as in the years 2005 to 2008. That period is over.

4. It is informed that fresh elections to the Society have not been conducted so far. The Registrar of the Society is Respondent No. 6 before this Court.

5. We direct the Registrar of the Society to conduct fresh elections to the Society referred to above, in case the registration is renewed, within a period of six months from today.

6. In case, steps are taken for renewing the registration of the Sangam within two months from today, the needful, in accordance with law, shall be done in that regard within another one month thereafter.

7. The civil appeal is disposed of as above with no order as to costs.

.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ] New Delhi;

January 18, 2016.