NARASIMHALU NANDINI Vs. JANATHA TRUST

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) The respondent-Janatha Trust, a Public Charitable Trust had filed a suit in O.S.No.263/2021 before the Additional Civil Judge and JMFC-III at Raichur, seeking for a permanent injunction against the petitioners herein and others from interfering with the peaceful possession of the suit land in Sy.No.21 measuring 37 guntas of Rampur village.

(3.) The petitioners had filed their written statement and subsequently, filed an application under Sec. 92 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') on 20/12/2021 contending that without permission being obtained in terms of Sec. 92 of CPC, a suit could not have been instituted by a Public Charitable Trust against the petitioners arraying as defendants.