CHESS ASSOCIATION Vs. M.B.MUAREEDHARAN

JUDGEMENT

(1.) This petition is filed by the petitioner directing the respondent to drop the general body meeting of the first petitioner as per Ext.P3 notice during the pendency of Ext.P1 suit and to maintain status quo by means of an appropriate writ or order under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that the petitioners are plaintiffs in O.S.1166/2016 evidenced by Ext.P1 before the Munsiff Court, Ernakulam for a declaration that meeting dated 20.08.2016 is not valid and restraining them from conducting a meeting on 23.08.2008 by the first defendant, the acting president and no confidence of motion moved thereon and resolution if any taken removing plaintiffs 2 to 4 from their elected post that they were holding and declare that the defendants are not entitled to act as office bearers of the first plaintiff association in contravention of the provision of the bye-law of the association and for consequential injunction. They also filed I.A.6584/2016 for interim injunction restraining the defendants from forcibly and illegally ousting plaintiffs 2 to 4 from their respective posts i.e., as president, treasurer and vice president on the plaintiff association, till the disposal of the suit, which is marked as Ext.P2. According to the petitioners, the court below has not passed any interim order, but the respondents are taking steps to conduct the meeting and take necessary resolution and they issued Ext.P3 notice intending to conduct the meeting on 18.09.2016 and the notice was received by second respondent on 08.09.2016 at 3.00 p.m. Their attempt was to defeat the purpose of the suit. That prompted the petitioner to file this petition, seeking the above reliefs.

(3.) Respondent filed counter affidavit denying the allegations and also reiterating the contentions which they wanted to take up in the suit. They have also submitted that, during the pendency of the suit the matter has been referred for mediation and some agreement has been entered into between the parties and the terms of settlement has not been mentioned in the petition. According to them, they wanted the election to be conducted as per the bye-laws only as the terms of the petitioners have been over.