N T MOHAMMED SHEREEF Vs. ASSOCIATION FOR WELFARE

JUDGEMENT

(1.) The matter relates to an association called Association for the Welfare of the Handicapped(for short 'AWH'). In the Executive Committee of the Association there were 13 members. A factional feud arose in the Association among the members of the Executive Committee. Seven persons under the leadership of the President formed the 'President's group' and the remaining six members under the leadership of the Secretary formed 'the Secretary's group'.

(2.) In the year 2008, two General Bodies were allegedly convened, one by the President's faction and the other by the Secretary's faction. One of such General Body was allegedly convened on 14.05.2006 and the other on 26.07.2001. Members were inducted by both the factions.

(3.) Subsequently, a dispute has arisen as to the number of the valid members of the Association. Consequently, five suits were filed as O.S.No.187 of 2008, O.S.No.226 of 2008, O.S.No.365 of 2008, O.S.No.368 of 2008 and O.S.No.537 of 2008. The learned Principal Munsiff, Kozhikode passed common judgment dated 23-12- 2009, whereby O.S.No.187 of 2008, O.S.No.226 of 2008 and O.S.No.365 of 2008 were dismissed. O.S.No.537 of 2008 was decreed in the following lines: