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Madras High CourtCS/710/2010dismissed as infructuous

G.Simon v. The Trust Association Of The

2016-09-22Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.09.2016

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA C.S.No.710 of 2010 and O.A.Nos.877 and 878 of 2010

1. G.Simon

2. B.Paul Karunakaran

3. N.Kamal Kalab

4. J.Johnson ... Plaintiffs Vs.

1. The Trust Association of the Advent Christian Conference of India Pvt.Ltd Rep by its President, Rev.Dr.M.Barnabas A.A.M.Compound, Gandhi Salai, Velacherry, Chennai 600 042

2. M.John Mohan Raj General Secretary The Trust Association of the Advent Christian Conference of India Pvt.Ltd A.A.M.Compound, Gandhi Salai, Velacherry, Chennai 600 042

3. Faith and Order Committee of Advent Christian Conference of India Pvt.Ltd Rep by its Chairman Rt.Rev.Dr.B.Benjamin Jayapaul A.A.M.Compound, Gandhi Salai, Velacherry, Chennai 600 042

4. Rt Rev.Dr.B.Benjamin Jayapaul Advent Christian Church, 58, East Coast Road, Thiruvanmiyur, Chennai 600 041

5. J.Sathya Satchi Advent Christian Church, A.A.M.Compound, Gandhi Salai, Velacherry, Chennai 600 042

6. Jabasingh Advent Christian Church, A.A.M.Compound, Gandhi Salai, Velacherry, Chennai 600 042

7. Prakasam Advent Christian Church, A.A.M.Compound, Gandhi Salai, Velacherry, Chennai 600 042

8. Suresh Advent Christian Church, A.A.M.Compound, Gandhi Salai, Velacherry, Chennai 600 042 ... Defendants PRAYER: Plaint filed under Order VII Rule 1 C.P.C read with Order IV Rule 1 of O.S.Rules, praying for a judgement and decree (a) For a declaration declaring the election for the posts of Secretary, Treasurer, Assistant Treasurer and Executive Committee held on 31.07.2010 as null and void.

(b) For a mandatory injunction directing the first defendant to conduct fresh, free, fair and transparent election for the posts of Secretary, Treasurer, Assistant Treasurer and Executive Committee

engaging any independent body; and (c) to pay the costs of the suit.

For Plaintiffs : C.A.Diwakar For Defendants- 1, 5 to 8 : M/s.Paul and Paul For Defendant-2 :Mr.D.Vijay

JUDGMENT

The suit is filed for declaration declaring the election for the posts of Secretary, Treasurer, Assistant Treasurer and Executive Committee held on 31.07.2010, as null and void and for mandatory injunction directing the first defendant to conduct fresh election.

2. It is seen from the records that there had been subsequent elections and elected members are administering the association. Hence, nothing survives in this suit as the relief sought for has become infructuous. Accordingly, the Civil Suit is dismissed as infructuous. No costs. Consequently, connected original applications are closed.

22.09.2016 srn

PUSHPA SATHYANARAYANA.J, srn C.S.No.710 of 2010 and O.A.Nos.877 and 878 of 2010 22.09.2016