G. S. SUDHARSHAN Vs. GRAMA SEVA SANGHA TRUST

JUDGEMENT

(1.) Challenging order dtd. 3/11/2023 passed by Principal City Civil and Sessions Judge, Bengaluru, in Misc.no.346/2022 under Sec. 92 of Code of Civil Procedure, 1908 ('CPC' for short), this appeal is filed.

(2.) Sri M.R.Rajagopal, learned Senior Counsel appearing for Sri Raghu Prasad B.S., advocate for appellants submitted appeal was by petitioners in Misc.no.346/2022 filed under Sec. 92 of CPC praying for grant of leave to institute a suit for removal of trustees, appointment of new trustees, administrator and for setting a scheme in respect of respondent no.1, namely Grama Seva Sangha Trust ("Trust" for short), a public trust managing Dodda Mavalli Bilsilu Maramma Temple ('temple' for short) situated at no.12, Mavalli main road, Mavalli, Bengaluru.

(3.) It was submitted, petitioners were residents of Mavalli village and devotees of deity 'Maramma' and had concern for temple and its properties. It was submitted most of respondents no.2 to 11 were leading luxurious life even without any avocation, job or business, which clearly signified that they were misusing funds of temple for their own benefits. Hence, with intention to protect temple and its properties, petitioners had sought leave under Sec. 92 of CPC to file a representative suit. It was submitted, though petitioners had alleged misuse of funds and properties of trust, Trial Court refused to grant leave merely on ground that petitioners had bald allegations without production of documents.