K N PANJAWANI Vs. T N K NAYAR

JUDGEMENT

(1.) The respondent (hereinafter referred to as'the plaintiff') had filed a suit against petitioners 1 and 2 (hereinafter referred to as 'the defendants') during Dasara vacation of 1982 seeking a declaration that the letter dt. 2-10 1982 issued by the President Mrs. T. N. K. Nayar of Rama Sakti Mission, Mangalore, is illegal and invalid in law, and for a declaration that the notice dt. 25 10 1982 issued by the joint secretary was also illegal and invalid in law, and also for a permanent injunction restraining the defendants from convening the meeting of the Governing Body on 2-11 1982 or on any other date, and for a permanent injunction restraining them from bringing back the discredited Ex. President Sri K. V. S. Pai as President of the Mission etc.

(2.) The City Civil Court situate at Bangalore and all the other Civil Courts in the mofussil places in this State, were closed during Dasara vacation. It is also undisputed that no vacation Judge had been appointed during Dasara vacation for the City Civil Court at Bangalore and the subordinate Civil Courts in the State during the said vacation.

(3.) The office of this Court raised an objection that this Court had no jurisdiction to entertain the s,uit during Dasara vacation. The objections raised by the office were put up before me. This Court made an order on 29 10-1982 thus :-