← Library
Madras High CourtCS/389/2020dismissed as withdrawal

Joseph Abraham v. The Madras Medical Mission

2023-08-22Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA C.S.No.389 of 2020 Mr.Joseph Abraham ... Plaintiff -Vs.-

1. The Madras Medical Mission (a Society registered under the Tamil Nadu Societies Registration Act, 1975), No.4-A, Dr.J.Jayalalitha Nagar, Mogaippair, Chennai-600 037.

2. Mr.M.M.Phillip, Hon.Secretary (Interim), The Madras Medical Mission, Residing at: 29, College Road, Chennai-600 006.

3. Mrs.Achamma Kurien

4. Mrs.Ambika Mammen

5. Mrs.Annama Mathai

6. Ms.Annu Thomas Philip

7. Mrs.Annykutty Y.,

8. Mrs.Babitha Thomas

9. Mrs.Chinnamma Thomas

10. Mrs.Deepa Joseph,

11. Mrs.Divya Mariam Zachariah

12. Mrs.Elizabeth Alexander

13. Mrs.Elizabeth Alexander

14. Ms.Karen Elsa Thomas

15. Ms.Kripa Mathew 1/4

16. Mrs.Manju Varghese

17. Mrs.Mariamma George

18. Mrs.Mary Varghese

19. Mrs.Mini Sajan Varghese

20. Mrs.Prema Mammen Mathew

21. Mrs.Roshin Elsa Thomas

22. Mrs.Sarasu Eapen

23. Mrs.Seba Thomas

24. Mrs.Suseela Vergis

25. Mrs.Susha Alex ... Defendants Civil Suit is filed under Order 7 Rule 1 of C.P.C read with Order IV Rule 1 of O.S.Rules to pass judgment and decree in favour of the plaintiff and against the defendants as follows:- a) Declare that the decision taken by the Governing Board of the 1st defendant Society in Agenda item No.7 in the meeting held on 12.02.2020 and Agenda item no.11 in the meeting held on 15.10.2020 and the consequential Members list issued by the 2nd Defendant dated 30.10.2020 in and by which the Defendants 3 to 25 have been added as life members of the 1st Defendant Society are illegal, null and void; b) Permanent injunction restraining the Defendants 3 to 25 from acting as members of the 1st Defendant Society;

c) Permanent injunction restraining the Governing Board of the 1st Defendant Society from inducting any persons as life members of the Society pending consideration of the proposed amendment to by-law 28 of the Bylaws of the society; d) For the costs of the suit.

2/4

For Plaintiff :

Mr.Hari Radhakrishnan For Defendants :

Mr.V.Hallel Ben for D1 Mr.Thomas T.Jacob for D2 Mr.J.Cini for D5, D6, D8, D11 to D14, D19, D21 to D23 & D25 Mr.P.Ambili Menon for D20 D4, D10, D16 & D24-Unserved D15, D17 & D18-No appearance *****

JUDGMENT

The learned counsel for the plaintiff filed a memo to withdraw the suit in view of the subsequent developments in the 1st Defendant-Society and that the prayer has become infructuous as of now.

2. It is seen that the relief sought by the plaintiff pertains to some meetings held on 12.02.2020 and 15.10.2020 and the list issued on 30.10.2020. Since the subject matter has become infructuous due to lack of time, the matter is permitted to be withdrawn.

3. Accordingly, the suit in C.S.No.389 of 2020 is dismissed as withdrawn. No costs.

22.08.2023 kmi 3/4

R.N.MANJULA, J kmi 22.08.2023 4/4