Joseph Abraham v. The Madras Medical Mission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.11.2023

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR A.Nos.1124 of 2023 & 4716 of 2022 Joseph Abraham .. Plaintiff in C.S.No.586 of 2019 Kunjunamma George .. Plaintiff in C.S.No.666 of 2019

Versus

1.The Madras Medical Mission Represented by its Hon. Secretary (Interim) No.4-A, Dr.J.Jayalalitha Nagar Mogappair, Chennai - 600 037 2.Elizabeth George 3.Shoba Verghese 4.Sandya Mary Cherian .. Defendants in both suits Prayer in C.S.No.586 of 2019: Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure, to pass a judgment and decree to : a) declare that the letter dated 12.09.2019, wherein, the updated list of members of the 1st defendant Society has been annexed wherein the names of the 2nd, 3rd and 4th defendant has been newly added is illegal, null and void as the same is contrary to the by-laws of the Society; b) grant interim injunction restraining the Respondents 2 to 4 from Page 1 / 4

attending the AGM of the 1st respondent scheduled to be held on 28.09.2018 c) to award costs of the suit, Prayer in C.S.No.666 of 2019: Plaint filed under Order VII Rule 1 and XXXIV of the Code of Civil Procedure, to pass a judgment and decree to : (a) declare that the letter dated 12.09.2019 issued by the Interim Secretary of the 1st defendant Society annexing therewith the updated list of members of the 1st Defendant Society wherein the names of the 2nd, 3rd and 4th defendant has been newly added is illegal, null and void as the same is contrary to the by-laws of the Society; (b)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 by-laws of the Society;

(c) for the costs of the suit.

In both suits For Plaintiffs : Mr.Hari Radhakrishnan For Defendants : M/s.Clinti Li Johny for D1 Mr.Thomas T.Jacob for D2 to D4 COMMON JUDGMENT Page 2 / 4

When the suits were taken up, the learned counsel for the plaintiffs' in both suits seeks leave of this Court to withdraw the suits and they had also made endorsements to that effect.

2. In view of the submission of the learned counsel for the plaintiffs and the endorsements made, these suits are dismissed as withdrawn. No costs. Consequently, connected applications are closed. 21.11.2023 dhk Internet : Yes Index : Yes / No Speaking order / Non Speaking order N. SATHISH KUMAR , J.

Page 3 / 4

dhk 21.11.2023 Page 4 / 4