S. NAGENDRA Vs. C. MAHESH KUMAR

JUDGEMENT

(1.) THIS Appeal is filed by defendant No. 3 in O.S. 4127/2015 challenging the order of temporary injunction granted restraining the defendants from obstructing the plaintiff in performing his day -to -day activities as a Life Trustee -cum -Financial Administrator of defendant No. 1 Trust and its institutions at Shivamogga and Bengaluru.

(2.) APPELLANT contends that Tadikela Subbaiah Trust was established on 29th August 2003 at Shivamogga and was registered as a public charitable trust with the object of establishing an Institute of Medical Sciences and other related educational institutions at Shivamogg. The Trust has established a 700 bed hospital, a dental college and a nursing college at Shivamogga. When the Trust was making efforts to obtain linguistic minority status to the institutions run by it, plaintiff came in contact with the Trust and requested the Trust and the Trustees to take him as a Trustee so that he can extend his services to the institution. The Trust passed a resolution dated 24.10.2013 to take the plaintiff as one of the Trustees.

(3.) IT transpires that a meeting of the Trust was scheduled to be held on 23.11.2014 for taking some decision in the matter. Plaintiff/Respondent herein filed a suit in O.S. 9026/2014 at Bengaluru to restrain the Trust from holding the meeting. An ex parte temporary injunction was obtained in that regard. By the time the order of temporary injunction was received by the defendant, the meeting had been held.