KARNATAKA SANSKRIT VIDYA PEETH Vs. VEERABHADRAPPA BASAPPA MADINUR

JUDGEMENT

(1.) BEING aggrieved by the divergent judgment passed by the First Appellate Court i.e., the Court of II Addl. Senior Civil Judge, Hubli, in R.A.No.149/2004 dated 27.06.2007, plaintiffs of an original suit bearing O.S.No.643/2001 which was pending on the file of the Court of I Addl. Civil Judge (Jr.Dn.), Hubli, have approached this Court, First plaintiff is a Society registered under the Societies Registration Act with an avowed object of running an educational institution under the name and style of Karnataka Sanskrit Vidya Peetha, which has its School in Yerehanchinal Village, Yelaburga Taluk, Koppal District. Plaintiff No.2 is stated to be the elected President of the said Society and third plaintiff is stated to be General Secretary of the said Society which is running the said institution. The third appellant is no more. Respondents herein were the defendants 1 to 12 in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking in the trial Court.

(2.) PLAINTIFF No.1 is registered under the Societies Registration Act, 1960 and has established an educational institution at Yerehanchinal Village, Yelaburga Taluk. The object of the first plaintiff is to promote education and other social activities in the rural area and has its bye -laws for dayto - day management. The case of the first plaintiff is that it had a governing body as on the date of presentation of the plaint consisting of plaintiff No.2 as the President and plaintiff No.3 as the General Secretary and nine members in the managing committee inclusive of treasurer and Vice President. According to the first plaintiff, the governing body was elected on 08.01.1999 and was managing the activities of the institution and the Society. The term of the elected body was five years from 08.01.1999 and was to expire on the midnight of 07.01.2004. It is further averred that the Society is maintaining proper books of accounts, on the basis of which, balance sheet, income and expenditure accounts are maintained and they have been approved by the general body and submitted to the District Registrar of Societies for approval. Defendant No.11 is the District Registrar of Societies, which supervises and monitors the plaintiffs - Society.

(3.) ACCORDING to the plaintiffs, defendant Nos.1 to 10 were strangers to plaintiff No.1 -Society, passed a bogus and concocted resolution on 31.05.2001 and the name of third plaintiff is added illegally and without the knowledge and consent of plaintiff No.3. They have declared themselves as the elected President, Vice President, General Secretary and Treasurer. The said resolution was submitted to defendant Nos.1 to 10 and 11th defendant has accepted the said resolution. Being aggrieved by the said resolution and the acceptance of the same by defendant No.11, the suit came to be filed seeking relief of declaration to the effect that the said resolution is illegal and that could not have been accepted by the 11th defendant and for the consequential relief of permanent injunction restraining defendants 1 to 10 from interfering with the management of the Society of which second plaintiff was the elected President and third plaintiff was the General Secretary. The suit came to be filed after serving a notice as contemplated under Section 80 of CPC.