MOHAMMED Vs. AVARANKUTTY HAJI

JUDGEMENT

(1.) The additional 4th defendant in O. S. No. 46 of 1995, on the file of the Munsiffs Court, Parappanangadi, has preferred this revision petition against the judgment dated 13.9.1995 in C. M. A. No. 22 of 1995 on the file of the Sub Court, Tirur. By the impugned order, the learned Sub Judge while dismissing the appeal against the order in I. A. No. 660 of 1995 allowed the petition of the appellants/defendants therein for appointment of a Receiver to conduct the election of the office hearers of the managing committee of the mosque (3rd respondent herein) in the presence of the representative of the Wakf Board. The respondents/plaintiffs agreed to the suggestion of the appellants/defendants therein and their counsel submitted that he has no objection in disposing of the appeal in terms of the affidavit filed by the 2nd appellant.

(2.) Respondents 4 & 5 here in instituted O.S. No. 46 of 1995 in the Munsiffs Court, Parappunangadi for issue of a mandatory injunction directing respondents 1 & 2 herein (who were defendants 1 and 2 in the suit) to prepare a list of members of the General Body of the Society, which is respondent No. 3 herein (defendant No. 3 in the suit) and to hold the election to the managing committee as provided in the bye laws of the Society. They were permitted to file it as a representative suit under O.1 R.8 of the Code of Civil Procedure, 1908 (for short, the C. P. C.). The plaintiffs/respondents are the members of the Mahal covered by the Society. Defendants 1 & 2, who are respondents 1 and 2 herein, are managing the affairs of the Society claiming themselves as the President and Secretary of the Committee. The Mosque, which was registered under the Societies Registration Act, gets considerable income from the offerings of its devotees. It is alleged by the plaintiffs that respondents Nos. 1 and 2 have mismanaged the society and misappropriated its income. Hence the plaintiffs/respondents 4 and 5 filed the suit. They also filed an application, I. A. No. 660 of 1995 in the Munsiff's Court for appointment of a Receiver to supervise the affairs of the mosque and to maintain proper accounts of the income and expenditure of the fund of the committee during the pendency of the suit Respondents 1 and 2 herein opposed the petition on various grounds.

(3.) The learned Munsiff, by his order dated 29.5.1995, allowed the petition and appointed a receiver to have proper account of income and expenditure of the fund of the Society. Being aggrieved by this order respondents defendants in the I. A. preferred an appeal as C. M. A. No. 22 of 1995 in the Sub Court, Tirur.