MR. SADIQ SUHAIL, Vs. THE KARNATAKA STATE

JUDGEMENT

(1.) These two appeals are disposed of by a common order as they arise out of common order dated 07.11.2016 passed by the learned trial judge on I.As.I and II filed under Order XXXIX Rules 1 and 2 Code of Civil Procedure in O.S.No.7231/2016 on the file of V Addl. City Civil Judge, Bengaluru. This order was modified on 23.01.2017 upon an application filed under Section 152 of Code of Civil Procedure. Briefly stated the events that led to preferring these two appeals are as follows:

(2.) The parties are referred to with respect to their ranks in the suit for the sake of convenience. The plaintiff is a member of 1st defendant-Association (herein after referred to as "association"). The 2nd defendant is the President of the said Association. On 20.08.2016 a meeting of the Executive Committee of the Association was held and it was resolved that the 62nd Annual General Body Meeting should be held on 25.09.2016. The plaintiff received the notice of the said meeting and came to know about the calendar of events published in connection with holding election for electing the office bearers of the association. He filed his nomination papers intending to contest in the said election. The plaintiff came to know that the defendants 2 to 5 had committed some financial illegalities and misused the funds of the association and therefore he lodged a complaint on 22.09.2016 at Pulakeshinagar Police Station against defendants 2 to 5. The complaint was registered in Crime No.288/2016 for the offence under Section 420 r/w Section 34 IPC. The defendants 2 to 5, having learnt about registration of complaint against them, summoned the plaintiff to meet them in the association premises in connection with a meeting of the executive committee. To his shock, he was informed orally that the executive committee had decided to keep him under suspension with effect from He was not given any opportunity to participate in the meeting and thereby he was denied of an opportunity to put forward his stand in regard to the action that the executive committee had taken. The term of the executive committee was to expire on 25.09.2016. In the annual general body meeting held on 25.09.2016, a motion was moved in a hasty manner to expel the plaintiff from the membership of the association. Therefore the plaintiff stated that the association acted illegally by violating the Rules of the association. Thereafter the plaintiff filed the suit seeking a declaration that the decision of the executive committee taken on 25.09.2016 suspending the membership of the plaintiff was illegal, void and does not bind him; declaration that the resolution passed on 25.09.2016 expelling him from the primary membership of the association was illegal, void and not binding on him; declaration that the decision of the 1st defendant/association expelling him from the rolls of the association as communicated to him through letter dated 25.09.2016 as illegal and consequently for a direction to restore his membership of the association.

(3.) Along with the plaint, the plaintiff filed 3 applications as per I.A.No.1 to 3 under Order 39 Rules 1 and 2 CPC. I.A.No.1 was for issuing an order of temporary injunction to stay the operation, implementation and execution of the decision of the executive committee of the association taken on 24.09.2016 suspending him from the membership of the association. I.A.No.2 was filed seeking an order of temporary injunction staying the operation and implementation of resolution dated 25.09.2016 passed by the general body for expelling him from the primary membership of the association and I.A.No.3 was for temporary injunction to stay the operation and implementation of the decision communicated to him by letter dated 25.09.2016 expelling him from the primary membership of the association.