NADAR MAHAJANA SANGAM, KAMARAJ POLYTECHNIC COLLEGE PARIBALANA SABAI, BY ITS SECRETARY, T UDAYAKUMAR Vs. G KARIKOL RAJ

JUDGEMENT

(1.) This revision petition has been filed against the petition and order in I.A.No.492/2017 in I.A.No.509/2016 in O.S.No.676/2016 dated 13.11.2017 on the file of the Second Additional Sub Court, Madurai.

(2.) The petitioner is the plaintiff in O.S.No.676/2016 on the file of II Additional Sub Court, Madurai. The said suit was filed against the respondent herein/1st defendant, one T.Selva Kumar and the District Registrar(Societies), Madurai South, Madurai, who are defendants 2 and 3 respectively, to declare the general body meeting held on 05.12015 in the petitioner society as valid and for permanent injunction. The petitioner is the elected secretary of the Nadar Mahajana Sangam, Kamaraj Polytechnic College Paribalana Sabai, which is a government aided private polytechnic college. While so, the defendants l and 2 attempted to intervene into the day to day affairs of the society and tried to vacate the petitioner from the office of the society. Hence, the petitioner filed the present suit along with I.A.No.509/2016 for temporary injunction restraining the defendants, their men, agents from claiming any rights over the suit society through any document executed by them and also from interfering with the peaceful possession and enjoyment of the petitioner in the suit society.

(3.) In the interlocutory application, the respondent herein/1st defendant appeared through his counsel on 07.11.2016 and two other defendants were absent and they were set exparte. The respondent herein had continuously got adjournments for filing counter and written statement in this case. Finally, on 210.2017, the learned Additional Sub Judge allowed I.A.No.509/2016 exparte holding that despite sufficient opportunities, the respondent did not file counter. Thereafter, the respondent filed I.A.No.492/2017 in I.A.No.509/2016 to set aside the order passed in I.A.No.509/2016, in which, the revision petitioner filed detailed counter affidavit raising the question of maintainability of the set aside petition.