C P Abdul Latheef vs M/S Kerala Samajam (Regd) on 22 July, 2015

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Karnataka High Court

C P Abdul Latheef vs M/S Kerala Samajam (Regd) on 22 July, 2015

Bench: A.V. Chandrashekara

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 22ND DAY OF JULY 2015

                        BEFORE

     THE HON'BLE MR.JUSTICE A.V. CHANDRASHEKARA

     WRIT PETITION Nos. 25079-25080/2015 (GM-CPC)


BETWEEN:

1.   C P ABDUL LATHEEF
S/O ABOOBAKER HAJEE,
AGED 64 YEARS,
RESIDENT AT FLAT NO.603,
RESIDENT AT FLAT NO.603,
CLASSIC SYMPHONY APARTMETNS,
KANKANADY,
MANGALURU, D.K DISTRICT-575003.

2.   P SURENDRAN
S/O T PAPPU,
AGED 59 YERS,
RESIDENT OF KOTEKAR, BEERI,
MANGALORE TALUK,
DAKSHINA KANNADA
DISTRICT-575 103.                     ... PETITIONERS

             (BY SRI ROHITH B J, ADVOCATE.)

AND

1.     M/S KERALA SAMAJAM (REGD)
       A SOCIETY REGD. UNDER SOCIETY
       REGISTRATION ACT,
       HAVING OFFICE AT
       KERALA SAMAJAM BUILDING,
       K S RAO ROAD,
       MANGALORE D K -575 001.
                           -2-


2.      T RAJAN,
        S/O KUNHI PILLAI,
        MAJOR IN AGE,
        WORKING AS PRESIDENT OF
        KERALA SAMAJAM

3.      K VASUDEVAN,
        FATHER NAME NOT KNOWN TO PETITIONER,
        MAJOR IN AGE,
        WORKING AS SECETARY OF
        KERALA SAMAJAM

4.      K K RADHAKRISHNAN
        FATHER NAME NOT KNOWN
        TO PETITIONER, MAJOR IN AGE,
        WORKING AS TREASURER OF
        KERALA SAMAJAM

        ALL ARE WORKING IN
        KERALA SAMAJAM BUILDING,
        K S RAO ROAD,
        MANGALURU, D.K-575 001.  ...RESPONDENTS.

     (BY SMT JAYALAKSHMI FOR SRI O. SHIVARAMA BHAT,
                 ADVOCATE FOR R1 TO R4)


      THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO QUASH THE ORDER DATED 9.4.2015 PASSED
AFTER DISMISSING I.A.NO.X IN O.S.NO.568/2007 BY THE
1ST ADDITIONAL. CIVIL JUDGE & JMFC, MANGALURU,
D.K. VIDE ANNX-A.

     THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING: -
                            -3-

                         ORDER

Heard the learned counsel appearing for the parties.

2. The present petitions have arisen out of the order dated 9.4.2015 passed by the I Addl. Civil Judge and JMFC, Mangaluru D.K. made in O.S.No.568/2007. Petitioners are the plaintiffs in the said suit. I.A.X came to be filed under Order XI Rule 12 r/w Section 151 of CPC in the said suit, to the effect that the meeting notice dated 10.09.2007 issued by the defendant - society convening the Annual General Meeting (for short 'AGM') on 14.10.2007 is in violation of the Rules and Regulation of the Society and had sought for a prohibitory injunction from convening such meeting.

3. During the pendency of the suit, an application was filed under Order XI Rule 12 r/w Section 151 of CPC requesting the Court to direct the defendant - Society to produce the documents. The said application has been dismissed after contest. The evidence is already commenced and other documents have already -4- been got marked and the materials on record would go to show that the plaintiffs did not attend the AGM on 14.10.2015. They have lost the right by not attending such meeting, more particularly, being life members of the Society.

4. The very conduct of the plaintiffs in not attending the said AGM is taken into consideration by the Trial Court. It is further held that the plaintiffs were required to file all necessary documents at the initial stage or such an application should have been filed at the earliest stage. It is further held that the very suit has virtually become infructuous and therefore, directing the defendants to produce those documents for production does not arise. Hence no jurisdictional error is found in the order passed by the Trial Court, in the facts and circumstances of the case.

5. Accordingly writ petition is dismissed.

Sd/-

JUDGE NG*

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