RENUKAPRASAD K.V. Vs. M. PUTTASWAMY

JUDGEMENT

(1.) These appeals are filed under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908, praying this Court to set aside the order dtd. 16/6/2023 passed by the VI Additional City Civil & Sessions Judge (CCH-11) at Bengaluru City, on I.A.No.1 in O.S.No.3590/2023. Consequently, allow the application and grant the relief as sought therein and pass such other order or directions as this Court deem fit and proper in the facts and circumstances of the case and allow the Miscellaneous First Appeals.

(2.) The appellants in MFA No.4320/2023 are the plaintiffs have filed a suit for the relief of declaration to declare that the alleged resolution dtd. 9/6/2023 referred to in a paper publication dtd. 10/6/2023 published in Vijayavani Kannada Daily Newspaper and notice dtd. 9/6/2023 issued by the defendant as illegal, null and void and non-est and issue a consequential direction that the same shall not be given effect to or implemented; declare that the alleged Meeting dtd. 9/6/2023 referred to in the Paper Publication dtd. 10/6/2023 in Vijayavani Kannada Daily News Paper as well as notice dtd. 9/6/2023 as illegal, null and void and consequently, restrain defendant from acting upon, giving effect to or implementing any decisions taken thereat; declare that the defendant has acted illegally and without authority of law in calling a meeting of the executive committee of the Plaintiff - Sangha on 17/6/2023; restrain the defendant, his servants or agents or anyone claiming through or under him from interfering with the right of the Plaintiff No.3 in discharging his duty as General Secretary of Plaintiff No.1-Sangha; grant costs of these proceedings and pass such other order as this Court deems fit to grant in the interest of justice and equity. Inter alia sought for an order of temporary injunction restraining the defendant from giving effect to and implementing the alleged resolution dtd. 9/6/2023 referred to in a paper publication dtd. 10/6/2023 published in Vijayavani Kannada Daily Newspaper as well as notice dtd. 9/6/2023 issued by the defendant, pending disposal of the suit in the interest of justice and equity. Being aggrieved by the rejection of I.A.No.1, the present appeal is filed.

(3.) The appellants in MFA No.4319/2023 are not the plaintiffs and also not parties to the suit, but they claims that the first appellant is a Vice-President and the second appellant is a Treasurer of Rajya Vokkaligara Sangha ('the Sangha' for short) and while filing the application, a leave is sought on the ground that they are the Vice-Presidents and Treasurer and their right is prejudiced in passing such resolution. Hence, this Court granted leave to file the appeal and they also sought a similar order to set aside the order passed by the Trial Court on I.A.No.1 and consequently allowed the same.