IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 314 of 2009()
1. S. SURESH RAJ
... Petitioner
Vs
1. M/S. SREE DHARMA SHASTHA
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent :SRI.S.SUDHEESHKAR
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :14/01/2010
O R D E R
A.K. BASHEER &
M.L. JOSEPH FRANCIS, JJ.
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F.A.O. No. 314 of 2009
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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
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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
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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
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