SADASHIVANAGAR CLUB Vs. JAGADISH G.

JUDGEMENT

(1.) This appeal is filed challenging order dtd. 4/6/2024 passed by VI Additional City Civil And Sessions Judge, Bengaluru (CCH-11) in O.S.no.3605/2024 on I.A.no.1 filed under Order XXXIX Rules and 2 read with Sec. 151 of Code of Civil Procedure, 1908 ('CPC' for short).

(2.) Sri Jayakumar S. Patil, learned Senior Counsel appearing for Sri Deviprasad Shetty, advocate for defendant, submits that plaintiff has filed O.S.no.3605/2024 seeking for declaration that action of defendant club dtd. 22/5/2024 suspending plaintiff from membership of defendant club for period of 3 months pending enquiry etc. as illegal, null and void etc. In said suit, plaintiff had filed I.A.no.1 under Order XXXIX Rule 1 and 2 of CPC for temporary injunction directing defendant to revoke suspension of plaintiff membership of defendant, restore all benefits and rights of membership during pendency of suit. It was submitted under impugned order, trial Court allowed I.A.no.1 on wholly untenable reasons.

(3.) It was submitted, there was no dispute about plaintiff being member of defendant. It was submitted, plaintiff had filed suit questioning suspension of his membership of defendant under order dtd. 22/5/2024. It was submitted, impugned order by trial Court was based on conclusions which were totally contrary to law. It was submitted, trial Court held bye-law no.16 of Sadashivnagar Club, Bangalore, Rules-2018, ('Rules-2018' for short) required complaint for initiation of disciplinary action. It held as there was no complaint, action against plaintiff would be contrary to bye-law.