GONCHIGARI NARAYANA Vs. JAGADEESH S

JUDGEMENT

(1.) THESE appeals are filed by the original plaintiffs questioning the order passed by the Court below on I.A. Nos.1 and 2 in O.S. No.1784/2012 dismissing the said applications. I.A. No.1 was filed by the plaintiffs/appellants before the Court below under Order XXXIX Rules 1 and 2 of Code of Civil Procedure ('CPC' for short) seeking an order of Temporary Injunction restraining the defendant No.1/Respondent No.1 or anybody claiming through him from acting as Trustee or Secretary of Sri Venkateshwara Education Trust, in any manner, pending disposal of the suit. I.A. No.2 was filed by the plaintiffs/appellants before the Court below under Section 151 of CPC praying to appoint Ms. Priyadarshini Narayan (Plaintiff No.3/appellant No.3) as the Secretary of Sri Venkateshwara Education Trust situated at Dasanapura village, Bangalore North taluk.

(2.) O .S. 1784/2012 came to be filed by the appellants herein for a direction to defendant No.1 to furnish books of accounts from August -2005 till the date of filing the suit in respect of Sri Venkateshwara Education Trust registered on 10.8.2005 and for Permanent Injunction restraining the defendants or anybody claiming under or through them from interfering with the affairs of Sri Venkatehswara Education Trust and its institutions. Further relief claimed by the plaintiffs is to remove the defendant No.1 from the post of Trustee as well as Secretary of Sri Venkateshwara Education Trust. Certain other reliefs are also sought for.

(3.) SINCE Sri Venkateshwara Education Trust is a charitable Trust registered under the Trusts Act, the suit is filed under Section 92 of CPC after obtaining leave of the competent Court. For getting the permission, the plaintiffs filed Misc. No.985/2010 before the competent Civil Court, which came to be allowed. The order of the Civil Court is confirmed by this Court in CRP No.128/2012 c/w CRP No.129/2012 disposed of on 21.8.2012. It is relevant to note that the plaintiffs have produced all the relevant records including the documents of the Trust to show that the defendant No.1 has misappropriated the funds of Sri Venkateshwara Education Trust registered in the year 2005 alongwith the plaint and the petition filed under Section 92 of CPC seeking leave to prosecute the suit. As aforementioned, the order of the Civil Court under Section 92 of CPC is confirmed by this Court.