Karnataka High Court
Putalabai And Anr vs Mallamma And Ors on 10 June, 2024
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NC: 2024:KHC-K:3727
RSA No. 200098 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO. 200098 OF 2018
(DEC & PER/INJ)
BETWEEN:
1. PUTALABAI W/O JAYARAM NAIK,
AGE: 74 YEARS, OCC: PRESIDENT OF SHRI
GURU SHANKARLING VIDYA VARDHAK SANGH,
VADAVADAGI, TQ: B.BAGEWADI,
DIST: VIJAYAPUR-586203.
2. SURESH S/O JAYARAM NAIK
AGE: 58 YEARS, OCC: SECRETARY OF SHRI
GURU SHANKARLING VIDYA VARDHAK SANGH,
VADAVADAGI, TQ: B.BAGEWADI,
DIST: VIJAYAPUR-586203.
Digitally signed
by SWETA ...APPELLANTS
KULKARNI
Location: High
Court of (BY SMT. JYOTI S. KULKARNI, ADV. FOR APPELLANT NO.2;
Karnataka APPEAL AGAINST A1 ABATED V/O DATED 14.12.2022)
AND:
1. MALLAMMA W/O SIDDANNA GONAL,
AGE: 47 YEARS, OCC: CLAIMING HERSELF
AS PRESIDENT OF GURU SHANKARLING
V.V.SANGH, VADAVADAGI, TQ: B.BAGEWADI,
R/O. INGALAGI, TQ. SINDAGI,
DIST: VIJAYAPUR-586128.
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RSA No. 200098 of 2018
2. SOMAWWA W/O SHYAM KAMATHE
AGE: 44 YEARS, OCC: CLAIMING HERSELF
AS VICE-PRESIDENT OF GURU SHANKARLING
V.V.SANGH, VADAVADAGI, TQ: B.BAGEWADI,
R/O. INGALAGI, TQ. SINDAGI,
DIST: VIJAYAPUR-586128.
3. SAVITA W/O NARAYAN NAIKODI
AGE: 32 YEARS, OCC: CLAIMING HERSELF
AS SECRETARY OF SHRI GURU SHANKARLING
V.V.SANGH, VADAVADAGI, TQ: B.BAGEWADI,
R/O. INGALAGI, TQ. SINDAGI,
DIST: VIJAYAPUR-586128.
4. SAROJINI W/O HANUMATHRAY NAIKODI
AGE:64 YEARS, OCC: CLAIMING HERSELF
AS TREASURER PRESIDENT OF SHRI GURU
SHANKARLING V.V.SANGH, VADAVADAGI,
TQ: B.BAGEWADI, R/O. INGALAGI,
TQ. SINDAGI, DIST: VIJAYAPUR-586128.
5. BHEEMANNI W/O MUTTU NAIKODI
AGE: 31 YEARS, OCC: CLAIMING HERSELF AS
MEMBERS OF S.G.SV.V SANGH, VADAVADAGI,
TQ: B.BAGEWADI, R/O. INGALAGI,
TQ. SINDAGI, DIST: VIJAYAPUR-586128.
6. NEELAMMA W/O HANUMANTHRAY KOTAR
AGE: 64 YEARS, OCC: CLAIMING HERSELF AS
MEMBERS OF S.G.SV.V SANGH, VADAVADAGI,
TQ: B.BAGEWADI, R/O. INGALAGI,
TQ. SINDAGI, DIST: VIJAYAPUR-586128.
7. SABAWWA W/O MALASIDDA NAIKODI
AGE: 68 YEARS, OCC: CLAIMING HERSELF AS
MEMBERS OF S.G.S.V.V SANGH, VADAVADAGI,
TQ: B.BAGEWADI, R/O. INGALAGI,
TQ. SINDAGI, DIST: VIJAYAPUR-586128.
...RESPONDENTS
(BY SRI SHRAVANKUMAR R. MATH, ADV. FOR
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NC: 2024:KHC-K:3727
RSA No. 200098 of 2018
SMT. RATNA N. SHIVAYOGIMATH, ADV. FOR R1;
R2 TO R5 SERVED;
NOTICE TO R6 IS HELD SUFFICIENT V/O DATED 29.01.2024;
NOTICE TO R7 IS HELD SUFFICIENT V/O DATED 14.12.2022)
THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW
THIS APPEAL AND SET ASIDE JUDGMENT AND DECREE DATED
16.01.2018 PASSED BY THE LEARNED I ADDL. DISTRICT
JUDGE VIJAYAPUR, DISMISSING R.A.NO.31/2016 AND
CONFIRMING THE JUDGMENT AND DECREE DATED 24.02.2016
PASSED BY LEARNED SENIOR CIVIL JUDGE AT BASAVAN
BAGEWADI, IN O.S.NO.290/2011 AND FURTHER DECREE THE
SUIT.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The unsuccessful plaintiffs are before this Court
assailing the concurrent findings of facts of the courts
below, whereby, the suit seeking for declaration and for
permanent injunction was dismissed.
2. Parties herein are referred to as per the ranking
before the Trial Court for the sake of convenience.
3. Suit seeking declaration that election dated
30.11.2009 is illegal, void and to further declare that
defendant Nos.1 to 4 are not the office bearers of Shri
Guru Shankarling Vidya Vardhak Sangh, Vadavadagi (for
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short, 'suit - Sangh') and defendant Nos.5 to 7 are not the
members of the suit - Sangh and consequential relief of
permanent injunction restraining defendant Nos.1 to 4
from acting as office bearers of the suit - Sangh and
defendant Nos.5 to 7 from acting as members of the suit -
Sangh.
4. Pursuant to the suit summons, the defendants
appeared and filed their written statement inter alia
disputing the allegations made by the plaintiffs.
5. The Trial Court framed necessary issues and
held that the plaintiffs have failed to prove that they are
the President and Secretary of the suit - Sangh and that
the plaintiffs are not entitled for relief of declaration as
sought for. The Trial Court, vide judgment and decree,
dismissed the suit. The first appellate Court, while re-
appreciating and re-considering the entire oral and
documentary evidence, concurred with the judgment and
decree of the Trial Court. The first appellate Court held
that the period of election on 30.11.2009 has already
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lapsed and the plaintiffs' prayer has become infructuous as
subsequently the suit - Sangh has elected its members.
Aggrieved by the concurrent findings of facts, the plaintiffs
are before this Court.
6. Heard Smt. Jyoti S. Kulkarni, learned counsel
appearing for appellant No.2, Sri Shravankumar R. Math,
learned counsel appearing on behalf of Smt. Ratna N.
Shivayogimath, learned counsel for respondent No.1.
7. Plaintiffs' case is that the suit - Sangh was
constituted in the year 1990-91 and the plaintiffs are its
founder members, which fact is not disputed by the
defendants. Defendants contended that in order to meet
the legal necessity, plaintiff No.1 has transferred 'suit-
Sangh' to defendant No.1, later plaintiffs have resigned
from the post of President and Secretary of suit - Sangh.
The plaintiffs disputed about the resignation tendered to
the Registrar of Societies. Defendants summoned the
entire records pertaining to the 'suit - Sangh' from the
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Registrar of Societies and also examined the Registrar as
DW-2.
8. Before the Trial Court plaintiff No.2 examined
himself as PW-1 and got marked documents at Exs.P-1 to
P-20. Defendant No.1 examined himself as DW-1 and one
witness as DW-2 and marked documents at Exs.D-1 to D-
37. The Trial Court, on consideration of the oral and
documentary evidence, held that plaintiffs have failed to
prove that they are President and Secretary of the suit -
Sangh and election dated 30.11.2009 is illegal and void.
The Trial Court arrived at conclusion that election was held
in the year 2009 and plaintiffs were aware of the election
in the year 2009 itself and suit filed in the year 2011 is
barred by time.
9. The first appellate Court noticing that pursuant
to resignation submitted by plaintiffs to the Registrar of
Societies, notice was issued to the plaintiffs to file affidavit
regarding their resignation and the affidavits were
submitted by plaintiffs accepting the resignation.
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10. Plaintiffs' prayer is for declaration that election
held on 30.11.2009 is illegal, void and to declare that
defendants 1 to 7 are not the office bearers and members
of the suit - Sangh and restrain defendants from causing
objections. The plaintiffs have not challenged the
resignation neither sought for possession. Suit in the
present form was not maintainable. The manner in which
the Courts below have considered the oral and
documentary evidence, this Court is of the considered view
that no substantial question of law arises for consideration
in this second appeal. Accordingly, this Court pass the
following:
ORDER
(i) The Regular Second Appeal is hereby
dismissed.
(ii) The judgment and decree of the courts
below stand confirmed.
Sd/-
JUDGE
SWK
CT: VD
