Karnataka High Court
Dr. K V Chidananda vs Academy Of Liberal Education (R) on 24 October, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.29474 OF 2023 (GM-CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.4283 OF 2021(CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.4288 OF 2021(CPC)
C/W
WRIT PETITION NO.473 OF 2024 (GM-CPC)
IN WP NO.29474/2023:
BETWEEN:
1. DR. K. V. CHIDANANDA
S/O DR. KURUNJIVENKATRAMANA GOWDA,
AGED ABOUT 65 YEARS,
PRESIDENT OF ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNADA,
RESIDING AT VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
SULLIA, DAKSHINA KANNADA-574 239.
Digitally signed
by LEELAVATHI 2. MR. K. V. HEMANATH
SR S/O LATE K. M. VISHWANATH GOWDA,
AGED ABOUT 67 YEARS,
Location: HIGH
COURT OF JOINT SECRETARY OF
KARNATAKA ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O KURUNJI HOUSE,
PARIVARAKANA, SULLIA POST AND TALUK,
DAKSHINA KANNADA - 574 239.
3. SMT. SHOBHA CHIDANANDA
W/O DR. K. V. CHIDANANDA,
AGED ABOUT 62 YEARS,
DIRECTOR, ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, R/A VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
DAKSHINA KANNADA - 574 239.
-2-
NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
4. MR. AKSHAY K. C.
S/O DR. K. V. CHIDANANDA,
AGED ABOUT 30 YEARS,
DIRECTOR,
ACADEMY OF LIBERAL EDUCATION,
SULLIA, R/A VENAKTESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
DAKSHINA KANNADA - 574 239
5. DR. MS. AISHWARYA K. C.
D/O DR. K. V. CHIDANANDA,
AGED ABOUT 35 YEARS,
MEMBER, ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O GANGOTRI NURSING HOME,
BTM LAYOUT BANGALORE.
6. DR. MR. GOUTHAM GOWDA A. G.
S/O DR. GANGE GOWDA,
(FATHERS NAME WRONGLY MENTIONED
IN THE PLAINT AS LINGE GOWDA)
AGED ABOUT 37 YEARS,
MEMBER,
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O GANGOTRI NURSING HOME,
BTM LAYOUT, BANGALORE.
...PETITIONERS
(BY SRI. ANANT MANDAGI, SENIOR COUNSEL FOR
SRI. CYRIL PRASAD PAIS, ADVOCATE)
AND:
1. ACADEMY OF LIBERAL EDUCATION (R.),
A SOCIETY REGISTERED UNDER THE PROVISIONS OF
KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
KURUNJIBAGH, SULLIA,
DAKSHINA KANNADA - 574 327,
REPRESENTED BY ITS GENERAL SECRETARY,
(OLD AUTHORITY)
D. RENUKA PRASAD K. V.,
HAVING CAMP OFFICE WITHIN THE
PRECINCTS OF KVG INDUSTRIAL TRAINING
INSTITUTE, BHAGAMANDALA,
MADIKERI, TALUK KODAGU - 571 247.
-3-
NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
2. M/S. KVG INDUSTRIAL TRAINING INSTITUTE,
(A GOVERNMENT AIDED ITI INSTITUTION,
ESTABLISHED AND RUN BY
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNADA),
LOCATED AT BHAGAMANDALA,
MADIKERI TALUK,
KODAGU - 571 247,
REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
DR. RENUKA PRASAD K. V.
3. DR. RENUKA PRASAD K. V.
S/O DR. KURUNJI VENKATRAMANA GOWDA,
AGED ABOUT 60 YEARS,
EX-GENERAL SECRETARY,
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNADA - 574 327.
...RESPONDENTS
(BY SRI. P.S. RAJAGOPAL, SENIOR COUNSEL FOR
SRI. A. MADHUSUDHANA RAO, ADV. FOR C/R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI
BY QUASHING IMPUGNED ORDER DATED 09.11.2023 PASSED BY THE
SENIOR CIVIL JUDGE AT SULLIA IN O.S.NO.12/2021 ON IAS NO.28, FILED
UNDER SECTION 151 OF CPC, WHICH IS AT ANNEXURE-A,
CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER
HEREIN AND ETC.
IN MFA NO.4283/2021:
BETWEEN:
1. DR. K. V. CHIDANANDA
S/O DR. KURUNJI VENKATRAMANA GOWDA,
AGED ABOUT 65 YEARS,
PRESIDENT OF
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNADA,
R/AT VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
SULLIA, DAKSHINA KANNADA -574 239.
-4-
NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
2. MR. K. V. HEMANATH
S/O LATE K. M. VISHWANTH GOWDA,
AGED ABOUT 67 YEARS,
JOINT SECRETARY OF
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O KURUNJI HOUSE,
PARIVARKANA, SULLIA POST AND TALUK,
DAKSHINA KANNADA -574 239.
3. SMT. SHOBHA CHIDANANDA
W/O DR. K. V. CHIDANANDA,
AGED ABOUT 62 YEARS,
DIRECTOR,
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, R/A VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
DAKSHINA KANNADA - 574 239.
4. MR. AKSHAY K. C.
S/O DR. K. V. CHIDANANDA,
AGED ABOUT 30 YEARS,
DIRECTOR,
ACADEMY OF LIBERAL EDUCATION, SULLIA,
R/A VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
DAKSHINA KANNADA - 574 239.
5. DR. MS. AISHWARAYA K. C.
D/O DR. K. V. CHIDANANDA,
AGED BOUT 35 YEARS,
MEMBER,
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O GANGOTRI NURSING HOME,
BTM LAYOUT, BANGALORE.
6. DR. MR. GAUTHAM GOWDA A. G.
S/O DR. GANGE GOWDA,
(FATHERS NAME WRONGLY MENTIONED
IN THE PLAINT AS LINGEGOWDA)
AGED ABOUT 37 YEARS,
MEMBER, ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O GANGOTRI NURSING HOME,
BTM LAYOUT, BANGALORE.
...APPELLANTS
(BY SRI. ANANT MANDAGI, SENIOR COUNSEL FOR
SRI. CYRIL PRASAD PAIS, ADVOCATE)
-5-
NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
AND:
1. ACADEMY OF LIBERAL EDUCATION (R.),
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
KURUNJIBAGH, SULLIA,
DAKSHINA KANNADA-574 327,
REP. BY ITS GENERAL SECRETARY
(OLD AUTHORITY) DR. RENUKA PRASAD K. V.,
HAVING CAMP OFFICE WITHIN THE
PRECINCTS OF KVG INDUSTRIAL TRAINING
INSTITUTE, BHAGAMANDALA,
MADIKERI TALUK, KODAGU-571 247.
2. M/S. KVG INDUSTRIAL TRAINING INSTITUTE
(A GOVERNMENT AIDED ITI INSTITUTION
ESTABLISHED AND RUN BY
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNDA),
LOCATED AT BHAGAMANDALA,
MADIKERI TALUK,
KODAGU-571 247.
REP. BY ITS AUTHORIZED SIGNATORY
DR. RENUKA PRASAD K. V.
3. DR. RENUKA PRASAD K. V.
S/O DR KURUNJI VENKATRAMANA GOWDA,
AGED ABOUT 60 YEARS,
GENERAL SECRETARY,
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNADA-574 327.
...RESPONDENTS
(BY SRI. P.S. RAJAGOPAL, SENIOR COUNSEL FOR
SRI. A. MADHUSUDHANA RAO, ADV.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/O 43 RULE 1(R)
OF CPC, PRAYING TO CALL FOR LOWER COURT'S RECORDS IN OS
NO.12/2021 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, SULLIA, DAKSHINA KANNADA AND SET ASIDE THE IMPUGNED
ORDER DATED 31.07.2021, PASSED BY THE SENIOR CIVIL JUDGE AND
JMFC, SULLIA, DAKSHINA KANNADA, ON IA NO.3 FILED BY THE
PLAINTIFFS (RESPONDENTS HEREIN) UNDER ORDER XXXIX RULE 1
AND 2 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND
CONSEQUENTLY, DISMISS THE IA NO.3, IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
IN MFA NO.4288/2021:
BETWEEN:
1. DR. K. V. CHIDANANDA
S/O DR. KURUNJI VENKATRAMANA GOWDA,
AGED ABOUT 65 YEARS,
PRESIDENT OF
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNADA,
R/AT VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
SULLIA, DAKSHINA KANNADA-574 239.
2. MR. K. V. HEMANATH
S/O LATE K. M. VISHWANTH GOWDA,
AGED ABOUT 67 YEARS,
JOINT SECRETARY OF
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O KURUNJI HOUSE,
PARIVARAKANA, SULLIA POST AND TALUK,
DAKSHINA KANNADA-574 239.
3. SMT. SHOBHA CHIDANANDA
W/O DR. K. V. CHIDANANDA,
AGED ABOUT 62 YEARS,
DIRECTOR, ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, R/A VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
DAKSHINA KANNADA-574 239.
4. MR. AKSHAY K. C.
S/O DR. K. V. CHIDANANDA,
AGED ABOUT 30 YEARS,
DIRECTOR, ACADEMY OF LIBERAL EDUCATION, SULLIA,
R/A VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
DAKSHINA KANNADA-574 239.
5. DR. MS. AISHWARYA K. C.
D/O DR. K. V. CHIDANANDA,
AGED ABOUT 35 YEARS,
MEMBER, ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O GANGOTRI NURSING HOME,
BTM LAYOUT, BANGALORE.
-7-
NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
6. DR. MR. GAUTHAM GOWDA A. G.
S/O DR. GANGE GOWDA
(FATHERS NAME WRONGLY MENTIONED
IN THE PLAINT AS LINGEGOWDA),
AGED ABOUT 37 YEARS,
MEMBER,
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, C/O GANGOTRI NURSING HOME,
BTM LAYOUT, BANGALORE.
...APPELLANTS
(BY SRI. ANANT MANDAGI, SENIOR COUNSEL FOR
SRI. CYRIL PRASAD PAIS, ADVOCATE)
AND:
1. ACADEMY OF LIBERAL EDUCATION (R.),
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
KURUNJIBAGH, SULLIA,
DAKSHINA KANNADA-574 327,
REP. BY ITS GENERAL SECRETARY,
DR. RENUKA PRASAD K. V.,
HAVING CAMP OFFICE WITHIN THE
PRECINCTS OF KVG INDUSTRIAL TRAINING
INSTITUTE, BHAGAMANDALA,
MADIKERI TALUK, KODAGU-571 247.
2. M/S. KVG INDUSTIRAL TRAINING INSTITUTE
(A GOVERNMENT AIDED ITI INSTITUTION
ESTABLISHED AND RUN BY ACADEMY OF
LIBERAL EDUCATION (R.), SULLIA,
DAKSHINA KANNDA),
LOCATED AT BHAGAMANDALA,
MADIKERI TALUK, KODAGU-571 247,
REP. BY ITS AUTHORIZED SIGNATORY
DR. RENUKA PRASAD K. V.
3. DR. RENUKA PRASAD K. V.
S/O DR. KURUNJI VENKATRAMANA GOWDA,
AGED ABOUT 60 YEARS,
GENERAL SECRETARY,
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNADA-574 327
...RESPONDENTS
(BY SRI P.S. RAJAGOPAL, SENIOR COUNSEL FOR
SRI A. MADHUSUDHANA RAO, ADV.)
-8-
NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/O.43 RULE 1(R)
OF CPC, PRAYING TO CALL FOR LOWER COURT'S RECORDS IN OS
NO.12/2021 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, SULLIA, DAKSHINA KANNADA AND SET ASIDE THE IMPUGNED
ORDER DATED 31.07.2021, PASSED BY THE SENIOR CIVIL JUDGE AND
JMFC, SULLIA, DAKSHINA KANNADA, ON IA NO.2 FILED BY THE
PLAINTIFFS (RESPONDENTS HEREIN) UNDER ORDER XXXIX RULE 1
AND 2 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND
CONSEQUENTLY, DISMISS THE IA NO.2, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN W.P.NO.473/2024:
BETWEEN:
1. DR K. V. CHIDANANDA
S/O DR. KURUNJI VENKATRAMANA GOWDA,
AGED ABOUT 65 YEARS
PRESIDENT OF ACADEMY OF
LIBERAL EDUCATION (R.),
A SOCIETY REGISTERED UNDER
THE PROVISIONS OF KARNATAKA SOCIETIES
REGISTRATION ACT, 1960,
SULLIA, DAKSHINA KANNADA,
RESIDING AT VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
SULLIA, DAKSHINA KANNADA-574 239.
2. MR. K.V. HEMANATH
S/O LATE K.M. VISHWANATH GOWDA,
AGED ABOUT 67 YEARS,
PRESENT SECRETARY OF
ACADEMY OF LIBERAL EDUCATION (R.), SULLIA,
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
C/O KURUNJI HOUSE, PARIVARAKANA,
SULLIA POST AND TALUK,
DAKSHINA KANNADA-574 239.
3. SMT. SHOBHA CHIDANANDA
W/O DR. K.V. CHIDANANDA,
AGED ABOUT 62 YEARS
PRESENT VICE PRESIDENT OF
ACADEMY OF LIBERAL EDUCATION (R.), SULLIA,
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
-9-
NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
R/A VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
DAKSHINA KANNADA-574 239.
4. MR. AKSHAY K.C.
S/O DR. K.V. CHIDANANDA,
AGED ABOUT 30 YEARS,
PRESENTLY GENERAL SECRETARY,
ACADEMY OF LIBERAL EDUCATION, SULLIA,
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
R/A VENKATESHA NILAYA,
KURUNJI HOUSE, SHRIRAMPET,
DAKSHINA KANNADA-574 239.
5. DR. MS. AISHWARYA K.C.
D/O DR. K.V. CHIDANANDA,
AGED ABOUT 35 YEARS,
PRESENT SECRETARY,
ACADEMY OF LIBERAL EDUCATION (R.), SULLIA,
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
C/O GANGOTRI NURSING HOME,
BTM LAYOUT, BANGALORE-560 076.
6. DR. MR. GOUTHAM GOWDA A.G.
S/O DR. GANGE GOWDA
(FATHERS NAME WRONGLY MENTIONED
IN THE PLAINT AS LINGE GOWDA),
AGED ABOUT 37 YEARS,
PRESENT TREASURER,
ACADEMY OF LIBERAL EDUCATION (R.), SULLIA,
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
C/O GANGOTRI NURSING HOME,
BTM LAYOUT, BANGALORE-560 076.
7. JAGADISH A.H
S/O HOOWIAH ADTHALE,
AGED ABOUT 73 YEARS,
PRESENT MEMBER,
ACADEMY OF LIBERAL EDUCATION (R.), SULLIA,
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
RESIDING AT DOOR NO.4-47/12(3),
SWASTHIK, PARAPADY-575 006,
DERABAIL, MANGALURU.
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NC: 2024:KHC:42911
WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
8. SMT. MEENAKSHI K.H.
W/O HANAMANTHA K.V.
AGED ABOUT 62 YEARS,
PRESENT MEMBER,
ACADEMY OF LIBERAL EDUCATION (R.), SULLIA,
A SOCIETY REGISTERED UNDER THE PROVISIONS,
RESIDING AT KURUNJI HOUSE, PARIVARAKANA,
SULLIYA POST AND TALUK-574 239,
DAKSHINA KANNADA DISTRICT.
...PETITIONERS
(BY SRI ANANT MANDAGI, SENIOR COUNSEL FOR
SRI CYRIL PRASAD PAIS, ADVOCATE)
AND:
1. ACADEMY OF LIBERAL EDUCATION (R.),
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960,
KURUNJIBAGH, SULLIA,
DAKSHINA KANNADA-574 327,
IN THE PLAINT REPRESENTED BY
ITS GENERAL SECRETARY,
(OLD AUTHORITY)
DR. RENUKA PRASAD K.V.,
HAVING CAMP OFFICE WITHIN THE
PRECINCTS OF KVG INDUSTRIAL TRAINING
INSTITUTE, BHAGAMANDALA,
MADIKERI TALUK, KODAGU-571 247.
2. M/S. KVG INDUSTRIAL TRAINING INSTITUTE
(A GOVERNMENT AIDED ITI INSTITUTION,
ESTABLISHED AND RUN BY ACADEMY OF
LIBERAL EDUCATION (R.), SULLIA,
DAKSHINA KANNADA),
LOCATED AT BHAGAMANDALA,
MADIKERI TALUK, KODAGU-571 247,
IN THE PLAINT REPRESENTED BY ITS
AUTHORIZED SIGNATORY
DR. RENUKA PRASAD K.V.
3. DR. RENUKA PRASAD K.V.
S/O DR. KURANJI VENKATRAMANA GOWDA,
AGED ABOUT 60 YEARS,
EX-GENERAL SECRETARY,
ACADEMY OF LIBERAL EDUCATION (R.),
SULLIA, DAKSHINA KANNADA-574 327.
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WP No. 29474 of 2023
C/W MFA No. 4283 of 2021
MFA No. 4288 of 2021
AND 1 OTHER
4. DR. JYOTHI R. PRASAD
W/O DR. RENUIKA PRASAD K.V.,
AGED ABOUT 53 YEARS,
RESIDING AT NO.513,
5TH CROSS, HMT LAYOUT,
R.T. NAGAR, BANGALORE-560 032.
5. DR. ABHIJNYA K.R.
D/O DR. RENUKA PRASAD K.V.
AGED ABOUT 28 YEARS,
RESIDING AT NO.513,
5TH CROSS, HMT LAYOUT,
R.T. NAGAR, BANGALORE-560 032.
...RESPONDENTS
(BY SRI S.D.N. PRASAD, ADV. FOR C/R3 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE IMPUGNED ORDER DATED 21.12.2023 PASSED BY THE
SENIOR CIVIL JUDGE AND JMFC, SULLIA, DAKSHINA KANNADA, ON IA
NO.39 AND 40 FILED UNDER SECTION 151 OF CODE OF CIVIL
PROCEDURE WHICH ARE AT ANNEXURE-A, CONSEQUENTLY, DISMISS
THE IA NO.39 AND 40 FILED BY THE RESPONDENT NO.3 TO 5 HEREIN.
THESE PETITIONS AND APPEALS COMING ON FOR FURTHER
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER / JUDGMENT
In W.P.No.29474/2023, the petitioners have sought for the
following reliefs:
"A) Issue a writ of certiorari by quashing impugned order
dated 09.11.2023 passed by the Senior Civil Judge
at Sullia in O.S.No.12/2021 on IAs No.28, filed under
Section 151 of CPC, which is at Annexure-A,
consequently allow the application filed by the
petitioner herein;
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AND 1 OTHER
B) Grant such other and further relief/s based on the
nature and circumstances of the case as this
Hon'ble Court deems fit and proper in the facts and
circumstances of the above case;
C) Grant cost of the above writ petition in the interest of
justice and equity."
2. In MFA No.4283/2021, the appellants have sought for
the following reliefs:
"a) Call for lower Court's records in OS No.12/2021
pending on the file of the Senior Civil Judge and
JMFC, Sullia, Dakshina Kannada.
b) Set aside the impugned order dated 31.07.2021,
passed by the Senior Civil Judge and JMFC, Sullia,
Dakshina Kannada, on IA No.3 filed by the Plaintiffs
(Respondents herein) under Order XXXIX Rule 1
and 2 read with Section 151 of the Code of Civil
Procedure and consequently, dismiss the IA No.3, in
the interest of justice and equity.
c) Grant such other and further reliefs based on the
nature and circumstances of the above case.
d) Grant cost of the above Appeal in the interest of
justice and equity."
3. In MFA No.4288/2021, the appellants have sought for the
following reliefs:
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NC: 2024:KHC:42911
AND 1 OTHER
"a) Call for Lower Court's records in OS No.12/2021
pending on the file of the Senior Civil Judge and
JMFC, Sullia, Dakshina Kannada.
b) Set aside the impugned order dated 31.07.2021,
passed by the Senior Civil Judge and JMFC, Sullia,
Dakshina Kannada, on IA No.2 filed by the Plaintiffs
(Respondents herein) under Order XXXIX Rule 1
and 2 read with Section 151 of the Code of Civil
Procedure and consequently, dismiss the IA No.2, in
the interest of justice and equity.
c) Grant such other and further reliefs based on the
nature and circumstances of the above case.
d) Grant cost of the above Appeal in the interest of
justice and equity."
4. In W.P.No.473/2024, petitioners have sought for the
following reliefs:
"a) Issue a Writ of Certiorari quashing the impugned
order dated 21.12.2023 passed by the Senior Civil
Judge and JMFC, Sullia, Dakshina Kannada, on IA
No.39 and 40 filed under Section 151 of Code of
Civil Procedure which are at Annexure-a,
consequently, dismiss the IA No.39 and 40 filed by
the Respondent No.3 to 5 herein.
b) Grant such other and further reliefs based on the
circumstances of the above case, as this Hon'ble
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AND 1 OTHER
Court deems fit and proper in the facts and
circumstances of the above case.
c) Grant cost of the above writ petition, in the interest of
justice and equity."
5. Both the writ petitions and both the appeals arise out
of the impugned orders passed in O.S.No.12/2021, which is
currently pending before the Senior Civil Judge and JMFC, Sullia.
The petitioners in the writ petitions, who are also the appellants in
the appeals are the defendants in the suit, while the respondents
in the appeals as well as in the writ petitions are the plaintiffs in the
suit. In the said suit, the plaintiffs/respondents have sought for the
following reliefs:
"a) Pass a judgment and decree in the nature of
declaration declaring that meetings of the 1st Plaintiff
Society dated 5.6.2020, 10.6.2020 and 19.6.2020
called upon by the Defendant No.1 and resolutions
passed thereunder vide Documents Nos.35 and 44
to the plaint are null and void;
b) Pass a judgment and decree in the nature of
declaration to the effect that the meeting of the 1st
Plaintiff dated 12.05.2020 called by the Plaintiff No.3
and the resolutions dated 12.05.2020 passed
pursuant to the same are legal and binding on the
Defendants concerned;
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c) Pass a judgment and decree declaring that the
appointment of the Defendants 4 to 6 as members
and directors of the 1st Plaintiff society at the
instance and indulgences of the Defendant No.1
through such methods as evidenced under the
impugned relevant resolutions dated 05.06.2020 and
10.06.2020 are is illegal and resultantly pass a
judgment and decree directing for their exclusion
forthwith;
c1. Pass an order of permanent prohibitory injunction,
restraining the defendants from interfering with the
institutions under the supervision of the third plaintiff
in consideration of the resolutions dated 02.09.2008.
c2. Declare that the meetings convened and held by the
defendants or persons claiming under them without
seeking it to be called and convened by third
plaintiff, general secretary and all such resolutions
passed under such meetings are unlawful under law
in as much as they take away the rights and
privileges and status of the plaintiff No.3 as general
secretary of AOLE and materially alters the
administrative body and setup of the AOLE pending
the suit and particularly in so far as inclusion of Sri
Jagadeesh A H and Smt Meenakshi K
Has its members and inclusion is illegal and
opposed to bye-law of AOLE.
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C3. Declare that any meetings and resolutions passed
by the defendants number 1, 2 and 4 are blatantly
illegal and not binding upon the plaintiffs.
C4. Declare that the meeting and resolution dated
04.03.2022 passed by the defendants towards
removal of the third plaintiff from the post of the
General Secretary of the plaintiff number 1
and appointment of defendant number 4 as the
General Secretary of the plaintiff 1 as illegal and
void.
C5. Declare that the third plaintiff shall continue to be the
General Secretary of the plaintiff number 1.
d) Pass a judgment and decree of declaring that
payment of Rs.5,00,000-00 (Rupees Five Lacs only)
each allegedly paid by the Defendants 4 to 6
towards the membership fee and allegedly collected
by the Defendant No.1 on such account is an illegal
receipt and an illegal payment, and hence issue a
judgment and decree in the nature of
mandatory/directive injunction directing the
Defendant No.1 or the concerned for the return of
the same;
e) Issue a judgment and decree of mandatory
injunction directing the Defendant No.1 and the
Defendants concerned to strictly comply with the
Rules, Regulations, objectives and intents of the 1st
Plaintiff Society and its testimony and resultantly
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direct them to adopt transparency and law
abidingness;
f) Issue a permanent prohibitory injunction directing
the Defendant No.1 and the Defendants concerned
form usurping and interfering in the functions and
authorities of the 3rd Plaintiff General Secretary and
other office bearers of the 1st Plaintiff Society and of
the institutional heads of the institutions run under
the 1st Plaintiff Society.
g) Issue a directory/mandatory injunction directing the
1st Defendant to handover the Meeting Minutes
Book, Resolution Book and all other books and
registers of the Plaintiff No.1 entity to the General
Secretary or to concerned officer who has to lawfully
hold the same in terms of the Rules and Regulations
of the 1st Plaintiff Society and in terms of the General
Law and also direct the 1st Defendant to furnish all
such information and details as would be required
for the overall and centralized management of all the
institutions established and run under the banner of
the 1st Plaintiff;
h) Issue a judgment and decree of a directory /
mandatory injunction directing the Defendant No.1
and the other Defendants concerned to adopt
impartiality and take un-discriminated and equal care
of all the institutions and its staff and employees
established and run under the parasol of the 1st
Plaintiff organization by acceding to a single pool
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budget and composite financial management of
Plaintiff No.1 for all the institutions run under it and
i) pass such other orders granting such other relives in
favor of the Plaintiff under the circumstances of the
case in the interest of justice and equity."
6. During the course of the suit, various interlocutory
applications were filed by the parties which culminated in the
impugned orders which are assailed in the appeals and the writ
petitions.
7. Heard learned Senior counsel for the appellants / writ
petitions as well as learned Senior counsel for the respondents and
perused the material on record.
8. Learned Senior counsel for both sides have jointly
submitted that having regard to the facts and circumstances of the
case, the appeals as well as writ petitions may be disposed of by
directing the trial court to dispose of the suit within a stipulated
timeframe and by further directing the parties to maintain status-
quo obtaining as on today as regards management of the
Educational Institutions which are the subject matter of the appeals
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/ writ petitions and the suit. The aforesaid joint submission is
placed on record.
9. A perusal of the material on record discloses that there
are several contentious issues and disputed questions of law and
fact that arise for consideration in the suit, which would necessarily
have to be adjudicated upon and decided by the Trial Court only
after full fledged trial. Under these circumstances, though
several contentions have been urged by both sides in support of
their respective claims, having regard to the fact that the dispute
between the parties can be adjudicated only upon both parties
adduce oral and documentary evidence in respect of their
respective claims and after full fledged trial, coupled with the joint
submission made by both sides supra, I deem it just and
appropriate to dispose of the petitions as well as the appeals,
without expressing any opinion on the merits/demerits of the rival
contentions and by issuing certain directions to the Trial Court for
expeditious disposal of the suit within a stipulated time frame. In
this context, it is relevant to state that in the case of High Court
Bar Association, Allahabad vs. State of Uttar Pradesh and
Others, (2024) 2 S.C.R. 946, the Hon'ble Apex Court has held that
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directions for disposal of suit by the Trial Court / Tribunals etc., can
be issued only in exceptional circumstances; it is a matter of record
that the subject matter of dispute between the parties is the
management of 21 colleges/Educational Institutions and in the
interest of the Institutions as well as the students, staff, etc., and in
the special / peculiar / exceptional facts and circumstances of the
instant case and the joint submission made by both sides, I am of
the view that justice would be met if time bound directions are
given for expeditious disposal of the suit by issuing certain
directions in this regard.
10. In the result, I pass the following:
ORDER
(i) W.P.No.29474/2023, MFA No.4283/2021, MFA
No.4288/2021 and W.P.No.473/2024 are hereby disposed of.
(ii) The impugned orders dated 09.11.2023 in
W.P.No.29474/2023, 31.07.2021 in MFA No.4283/2021,
31.07.2021 in MFA No.4288/2021 and 21.12.2023 in
W.P.No.473/2024 are hereby modified.
(iii) By way of an interim arrangement and without prejudice
to the rights and contentions of the parties, the parties shall
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maintain status quo in all respects as regards management of the
educational institutions which are the subject matter of the suit till
disposal of the suit by the Trial Court.
(iv) The Trial Court, before whom the suit presently stands
posted on 04.11.2024 is directed to dispose of the suit in
accordance with law as expeditiously as possible and at any rate
within a period of five months from 04.11.2024.
(v) The interim order dated 04.01.2024 passed by this Court
in W.P.No.29474/2023 is directed to be continued till disposal of
the suit by the Trial Court.
(vi) It is further directed that in the event Criminal Appeal
Nos.3189-3190/2023 pending before the Apex Court is disposed of
before the period of five months referred to supra, liberty is
reserved in favour of the respondents to file appropriate
applications before this Court and/or the Trial Court and seek
appropriate reliefs in this regard.
(vii) It is needless to state that in the event respondents files
such application(s), the appellants/petitioners would be entitled to
file their objections and contest the said applications.
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(viii) Both parties are directed to co-operate with the Trial
Court for expeditious disposal of the suit and shall not seek
unnecessary adjournments in any circumstances whatsoever.
(ix) The Trial Court shall dispose of the suit without being
influenced by the findings, observations, etc., if any, in any order
passed by the Trial Court or by this Court in any of the matters at
the interlocutory stage.
(x) All rival contentions on all aspects of the matter are kept
open and no opinion is expressed on the same.
In view of disposal of the main matters, pending interlocutory
applications, if any, do not survive for consideration and the same
are accordingly disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
LG/SRL
