Disposed

Kumbarapet Annadana Samithi Trust (R) v. Sri. B. L. Suresh

Karnataka HC18 Nov 2023MFA/4771/2023

Case brief

AI extract

What is this about?

In this miscellaneous first appeal under Order XLIII Rule 1(r) CPC, the High Court disposed of the appeal and directed the trial court to dispose of the suit for permanent injunction expeditiously, not later than eight months from the date of receipt of the certified copy of this order.

What did the court decide?

Directed the trial Court to dispose of the suit as expeditiously as possible within eight months.

Kumbarapet Annadana Samithi Trust (R) Vs Sri. B. L… — Property and Title | Karnataka HC (2023)

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1 - NC: 2023:KHC:41359 MFA No. 4771 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 4771 OF 2023 (CPC)

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BETWEEN:

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KUMBARAPET ANNADANA SAMITHI TRUST (R) REGISTERED UNDER TRUST ACT NO.18, MARUTHI COMPLEX, KUMBARPETE ANJANEYA SWAMY TEMPLE,KUMBARPETE BENGALURU BY ITS PRESIDENT SRI MUNISWAMY K S/O SRI KRISHNAPPA AGED ABOUT 55 YEARS R/O NO.2708, SAI NILAYA 7TH A MAIN ROAD, RPC LAYOUT HAMPINAGAR, VIJAYANAGARA 2ND STAGE BENGALURU-560040.

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Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka

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SRI M RAJAPPA S/O MUNISHAMAPPA AGED ABOUT 54 YEARS R/O NO.87, BULAHALLI, HAROHALLI BENGALURU RURAL DISTRICT-562135.

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SRI B S BADRI PRASAD S/O SRI B V SIDAPPA AGED ABOUT 54 YEARS R/O NO.5, 5^th A CROSS NEAR OLD FATHIMA SCHOOL MARUTHINAGAR EXTENSION MADIWALA, BENGALURU-560068.

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SRI G MAHESH S/O SRI GOPAL D K AGED ABOUT 34 YEARS

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2 - NC: 2023:KHC:41359 MFA No. 4771 of 2023

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R/O NO.70, 5TH MAIN ROAD NEAR UDAYA JADUGAR BYATARAYANAPURA NEW LAYOUT MYSURU ROAD, BENGALURU-560026.

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SRI VENKATESH G S/O SRI GANESHAPPA AGED ABOUT 45 YEARS R/O BULLAHALLI, HAROHALLI BENGALURU RURAL-562135.

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SRI SHIVAKUMAR A S/O SRI D K AMARENDRA AGED ABOUT 36 YEARS R/O NO.24/1, 2ND MAIN ROAD 3RD CROSS, NEAR AYAPPA TEMPLE AZAD NAGAR, CHAMARAJPET BENGALURU-560018.

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SRI CHANDRASHEKAR R S S/O SRI SHIVANNA AGED ABOUT 46 YEARS R/O NO.33, WARD NO.31 RANGARAYAVARA DODDI RAMANAGARA-571511.

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SRI RAVI SHANKAR S/O SRI CHICKKAMUNISHETTY AGED ABOUT 50 YEARS R/O BELAGULI VILLAGE KUTAGALLU POST HAROHALLI HOBLI KANAKAPURA TALUK RAMNAGARA DISTRICT-562117.

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SRI G RAMAPPA S/O SRI GOVINDAPPA AGED ABOUT 65 YEARS R/O NO.642, PUTTAPPA TEMPLE STREET DEVANAHALLI, BENGALURU RURAL BENGALURU-562110.

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3 - NC: 2023:KHC:41359 MFA No. 4771 of 2023

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SRI CHANNAKRISHNAPPA B S/O SRI SUBBARAYAPPA AGED ABOUT 57 YEARS R/O BULLIHALLI, BENGALURU ROAD KARNATAKA-562135.

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SMT SHASHIKALA K W/O BYANNA AGED ABOUT 29 YEARS R/O NO.29, MARASANDRA HESARAGHATTA HOBLI DODDA TUMKUR, DODDABALLAPUR BENGALURU RURAL, BENGALURU-561203.

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…APPELLANTS

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(BY SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI.JAI PRAKASH REDDY M.,ADVOCATE)

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AND:

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SRI. B. L. SURESH S/O B LINGAPPA AGED ABOUT 59 YEARS EX TRUSTEE, KUMBARAPET ANNADANA SAMITHI TRUST(R) R/O NO.35, 9TH CROSS ROAD 3RD BLOCK, GRAPE GARDEN THYAGARAJANAGAR, BENGALURU-560028.

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…RESPONDENT

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(BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI. S.G. MUNISWAMI GOWDA., ADVOCATE)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 27.06.2023 PASSED ON I.A. NO.1 IN O.S.NO. 2107/2023 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-13), DISMISSING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:41359 MFA No. 4771 of 2023

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JUDGMENT

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This appeal under Order XLIII Rule 1 (r) of the CPC has been filed by the plaintiffs challenging the order dated 27.06.2023 passed by the V Additional City Civil & Sessions Judge, Bengaluru on I.A.No.1 in O.S.No.2107/2023 whereby the application filed by the plaintiffs under Order XXXIX Rule 1 and 2 of CPC has been dismissed and ex-parte order of temporary injunction granted by trial Court on 28.03.2023 has been vacated.

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For the sake of the convenience, the parties are referred to as per their ranking before the Trial Court.

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The plaintiffs have filed a suit seeking for the following reliefs:

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“a) Pass Judgment and decree of permanent injunction restraining the defendant his agents, henchmen, coolies or anyone claiming on his behalf from interfering with the performance of

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the duties of the plaintiffs as the President, Secretary, Treasurer and Joint Secretary and

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5 - NC: 2023:KHC:41359 MFA No. 4771 of 2023

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trustees and management of the Trust and properties of the Kumbarapet Annadana Samithi Trust (R) and Kumbarapet Anjaneya Swamy Temple Building Samithi Trust Registered under Trust Act situated at No.18, Maruthi Complex, Sree Anjaneya Swamy Temple, Kumbarapete Main Road, Bengaluru-560 002.

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b) Pass such other orders that deems fit under

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the circumstances of the case including the costs of this suit in the interest of justice.”

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Along with the plaint, they have filed I.A.No.1 under Order XXXIX Rule 1 and 2 of CPC seeking ad-interim temporary injunction restraining the defendant, his agents, henchmen, coolies or anyone claiming on his behalf from interfering with the performance of the duties of the plaintiffs as the President, Secretary, Treasurer and Joint Secretary and trustees and management of the Trust and properties of the Kumbarapet Annadana Samithi Trust

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6 - NC: 2023:KHC:41359 MFA No. 4771 of 2023

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(R) and Kumbarapet Anjaneya Swamy Temple Building Samithi Trust Registered under Trust Act situated at No.18, Maruthi Complex, Sree Anjaneya Swamy Temple, Kumbarapete Main Road, Bengaluru-560 002.

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The trial Court has granted an ex-parte temporary injunction order on 28.03.2023.

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After service of summons, the defendant has appeared through his counsel and filed the objection. The trial Court after hearing the parties, by impugned order dated 27.06.2023 has vacated the temporary injunction granted on 28.03.2023 and the same is operating from 27.06.2023 as on today. The suit is now set down for framing of issues before the trial Court and the suit is filed only for the bare injunction.

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Under this circumstance, the only relief that can be granted by this Court is to direct the trial Court to dispose of the suit, as expeditiously as possible. Accordingly, I pass the following order:

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7 - NC: 2023:KHC:41359 MFA No. 4771 of 2023

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ORDER

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a) The appeal is disposed of .

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b) The trial Court is directed to dispose of the suit as expeditiously as possible not later than eight months from the date of receipt of certified

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copy of this judgment.

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c) Both the parties are directed to cooperate for

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early disposal.

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d) The registry is directed to send the original

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records to the trial Court, forthwith.

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e) All pending applications do not survive and hence, the same are also disposed of.

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Sd/JUDGE

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List No.: 2 Sl No.: 51

Kumbarapet Annadana Samithi Trust (R) v. Sri. B. L. Suresh

Case brief

What is this about?

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Kumbarapet Annadana Samithi Trust (R) v. Sri. B. L. Suresh

Case brief

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What did the court decide?

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