Madras High Court
Sengunthar Dharma Paripalana Sabai vs A.Paramasivam on 29 November, 2023
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
2023/MHC/5252
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.M.A(MD)NO.601 OF 2023
and
C.M.P(MD)No.7720 of 2023
Sengunthar Dharma Paripalana Sabai,
(Registered NO.32/1956),
Palani,
represented through Secretary
Nehru,
Door No.193, Sannathi Street,
Adivaram, Palani Town. :Appellant/Petitioner/Plaintiff
.vs.
A.Paramasivam : Respondent/Respondent/
Defendant
PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule
1(U) of Civil Procedure Code against the fair and decretal order
made in I.A.No.77 of 2023 in O.S.NO.68 of 2023, dated
17.03.2023, on the file of the Additional District Court(Fast Track
Court), Palani.
For Appellant :Mr.V.Muthukamatchi
For Respondent :Mr.D.Venkatesh
JUDGMENT
*********
This Civil Miscellaneous Appeal is filed challenging the order
passed in I.A.No.77 of 2023 in O.S.NO.68 of 2023, dated
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17.03.2023, on the file of the Additional District Court(Fast Track
Court), Palani.
2.The suit in O.S.No.68 of 2023 was filed by the
plaintiff/appellant seeking the relief of declaration that the plaintiff
is entitled to manage the affairs of the plaintiff/Sabha and for
organizing various functions of the Sabha and for permanent
injunction restraining the defendant from interferring with the
functioning of the plaintiff/Sabha by electing new office bearers or
other means and for costs of the suit. Along with the plaint, I.A.No.
77 of 2023 was filed seeking temporary injunction till the disposal of
the suit. After considering the rival submissions made on either
side, the learned Additional District and Sessions Judge(Fast Track
Court), Dindigul chose to dismiss the injunction petition.
Challenging the said order, this Civil Miscellaneous Appeal is filed.
3.The learned counsel for the appellant submitted that the
learned trial Judge has not considered the various pending
litigations between the parties, more specifically, W.P.No.19220 of
1998, W.P.No.24821 of 2001 and W.P.No.3620 of 2021 which are
pending before High Court. There was an order passed that till the
election is conducted, old office bearers shall administer the
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functioning of the plaintiff/sabha.This order was not considered.
W.P.No.4233 of 1999 challenging the order passed by the District
Registrar with regard to the amendment of the proposed by-law was
filed. All these Writ Petitions and the orders passed thereon were
not properly considered.Thus the appellant has filed this Civil
Miscellaneous Appeal.
4.In response, the learned counsel for the respondent
submitted that the election to the plaintiff/Sabha was conducted
subsequent to the filing of the suit ie., on 19.3.2023 and new office
bearers were elected and they assumed the office. Thus, the prayer
sought for in the Civil Miscellaneous Appeal has become
infructuous. The learned counsel further submitted that the
appellant filed the suit in O.S.No.411 of 2018, on the file of Sub
Court,Palani against five defendants challenging the assumption of
Office. The suit was filed for the relief of declaration and for mesne
profits and the filing of this suit was not mentioned in the present
suit. In the said circumstances, the learned trial Judge found that
the suit was filed showing the respondent who is in no way
connected with the plaintiff/Sabha. Suit was filed with an ill motive
to to get an order to disturb the functioning of the Sabha.
Therefore, the learned trial Judge finding that plainiff has not
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approached the Court properly and that the plaintiff had filed the
suit with unclean hands, dismissed the petition.
5.From the consideration of the materials and the submission
of the learned counsel for the parties, it is patently clear that the
plaintiff had filed the suit in O.S.No.411 of 2018 seeking for the
relief of declaration that the assumption of office by the defendant
has to be declared as null and void and for the relief of mesne
profits and injuction. It is not in dispute that the filing of the said
suit was not mentioned in the present suit. It is also observed that
there is no material produced to show that the defendant has in
connection with the plaintiff/Sabha. Primarily, on these reasons, the
injunction petition was dismissed. Now it is informed that election
had already been conducted on 19.03.2023 and new office bearers
have assumed Office.
6.In the said circumstances, this Court is of the view that this
Civil Miscellaneous Appeal has become infructuous and as such,
there is no cause for interference in the order of the learned trial
judge.
7.Accordingly, the order passed in I.A.No.77 of 2023 in
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O.S.NO.68 of 2023, dated 17.03.2023, on the file of the Additional
District Court(Fast Track Court), Palani is confirmed and this Civil
Miscellaneous Appeal is dismissed. No costs. Consequently,
connected Miscellaneous Petition is closed.
29.11.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
To
1.The Additional District Judge,
(Fast Track Court),
Palani.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.CHANDRASEKHARAN,J.
vsn
JUDGMENT MADE IN
C.M.A(MD)NO.601 OF 2023
and
29.11.2023
https://www.mhc.tn.gov.in/judis
