The Madras Medical Mission v. M.M.Phillip

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2024

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR and O.A.No.733 of 2023 The Madras Medical Mission (a Society registered under the Tamil Nadu Societies Registration Act, 1975) Represented by its Secretary Melvy Z.Varghese Having its registered office at No.4-A, Dr.Jayalalitha Nagar Mogappair, Chennai - 600 037 .. Plaintiff

Versus

M.M.Philip .. Defendant Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956 read with Order VII Rule 1 of CPC for the following reliefs: a) for a Permanent Injunction restraining the defendant from in any way, form or manner claiming to be or acting as the Secretary of the Plaintiff Society;

b) directing the defendant to pay a sum of Rs.1,00,10,000/- (One crore and ten thousand rupees only) as damages to the plaintiff society; C) for costs of the suit.

1/3

For plaintiff : Mr.P.R.Raman, Senior Counsel for Mr.Abhishek Jenasenan For defendant : Ms.M.Stella

JUDGMENT

This suit has been filed for permanent injunction restraining the defendant from acting as the Secretary of the Plaintiff Society and for damages

2. Now, it is stated that the defendant is already suspended and is no longer a Secretary to the plaintiff society. The learned counsel for the plaintiff would submit that election process is on and a Retired Judge of this Court is already appointed.

3. Such view of the matter, this Court is of the view that the reliefs sought in the suit has become infructuous. Accordingly, this suit is dismissed as infructuous. Consequently, connected application is closed. 12.03.2024 dhk 2/3

N.SATHISH KUMAR, J.

dhk 12.03.2024 3/3