L.SHIVALINGAIAH Vs. ANAND SOCIAL AND EDUCATIONAL TRUST

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of learned Principal City Civil & Sessions Judge, granting an ad interim temporary injunction in Miscellaneous Petition No.36/2013. In terms of the impugned order, petitioner has been restrained from functioning as Managing Trustee of I- respondent trust.

(2.) I have heard Sri Jayakumar S.Patil, learned senior counsel for petitioner, Sri N.Devhadas, learned senior counsel for I-respondent and Sri Umashankar M.N., learned counsel for respondents 2 & 3.

(3.) SRI N.Devhadass, learned senior counsel for I- respondent would submit that remedy available to petitioner is to approach the very court to seek variation of order passed on the application filed under Order XXXIX Rules 1 & 2 CPC; petitioner should not have invoked the jurisdiction of this court under articles 226 & 227 of the Constitution of India.