Disposed

Dr K v. Chidananda v Academy of Liberal Education (R)

Karnataka HC24 Oct 2024WP/29474/2023

Case brief

AI extract

What is this about?

Disputes over management control of a registered educational society were before the High Court through two writ petitions under Article 227 and two first appeals against interim orders in a pending civil suit. With both sides consenting, the court disposed of all matters by modifying the impugned orders, directing status quo on institutional management, and requiring the trial court to decide the

What did the court decide?

Impugned orders modified; parties to maintain status quo on institution management till disposal of suit; trial court directed to dispose suit within five months from 04.11.2024.

Dr K v Chidananda Vs Academy of Liberal Education (R) — Cooperative Societies | Karnataka HC (2024)

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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

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO.29474 OF 2023 (GM-CPC) C/W MISCELLANEOUS FIRST APPEAL NO.4283 OF 2021(CPC)

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C/W MISCELLANEOUS FIRST APPEAL NO.4288 OF 2021(CPC)

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C/W WRIT PETITION NO.473 OF 2024 (GM-CPC)

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IN WP NO.29474/2023:

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BETWEEN:

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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.

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Digitally signed by LEELAVATHI S R Location: HIGH COURT OF KARNATAKA

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MR. K. V. HEMANATH

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S/O LATE K. M. VISHWANATH 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.

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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.

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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

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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.

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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.

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…PETITIONERS

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(BY SRI. ANANT MANDAGI, SENIOR COUNSEL FOR SRI. CYRIL PRASAD PAIS, ADVOCATE) AND:

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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.

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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

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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.

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DR. RENUKA PRASAD K. V. S/O DR. KURUNJI VENKATRAMANA GOWDA, AGED ABOUT 60 YEARS, EX-GENERAL SECRETARY, ACADEMY OF LIBERAL EDUCATION (R.),

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SULLIA, DAKSHINA KANNADA - 574 327.

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…RESPONDENTS

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(BY SRI. P.S. RAJAGOPAL, SENIOR COUNSEL FOR SRI. A. MADHUSUDHANA RAO, ADV. FOR C/R3)

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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.

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IN MFA NO.4283/2021:

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BETWEEN:

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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.

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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.

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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.

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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.

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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.

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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)

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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

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AND:

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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.

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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.

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...RESPONDENTS

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(BY SRI. P.S. RAJAGOPAL, SENIOR COUNSEL FOR SRI. A. MADHUSUDHANA RAO, ADV.)

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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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IN MFA NO.4288/2021:

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BETWEEN:

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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.

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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.

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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.

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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.

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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.

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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.

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...APPELLANTS

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(BY SRI. ANANT MANDAGI, SENIOR COUNSEL FOR SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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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.

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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.

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DR. RENUKA PRASAD K. V. S/O DR. KURUNJI VENKATRAMANA GOWDA, AGED ABOUT 60 YEARS, GENERAL SECRETARY, ACADEMY OF LIBERAL EDUCATION (R.),

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SULLIA, DAKSHINA KANNADA-574 327

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...RESPONDENTS

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(BY SRI P.S. RAJAGOPAL, SENIOR COUNSEL FOR SRI A. MADHUSUDHANA RAO, ADV.)

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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.

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IN W.P.NO.473/2024:

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BETWEEN:

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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.

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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.

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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,

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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

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R/A VENKATESHA NILAYA, KURUNJI HOUSE, SHRIRAMPET, DAKSHINA KANNADA-574 239.

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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.

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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.

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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.

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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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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.

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...PETITIONERS

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(BY SRI ANANT MANDAGI, SENIOR COUNSEL FOR SRI CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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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.

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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.

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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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DR. JYOTHI R. PRASAD W/O DR. RENUIKA PRASAD K.V., AGED ABOUT 53 YEARS, RESIDING AT NO.513, 5^TH CROSS, HMT LAYOUT, R.T. NAGAR, BANGALORE-560 032.

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DR. ABHIJNYA K.R. D/O DR. RENUKA PRASAD K.V. AGED ABOUT 28 YEARS, RESIDING AT NO.513, 5^TH CROSS, HMT LAYOUT, R.T. NAGAR, BANGALORE-560 032.

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...RESPONDENTS

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(BY SRI S.D.N. PRASAD, ADV. FOR C/R3 TO R5)

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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.

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THESE PETITIONS AND APPEALS COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER / JUDGMENT

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In W.P.No.29474/2023, the petitioners have sought for the

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following reliefs:

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“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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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;

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C) Grant cost of the above writ petition in the interest of justice and equity.”

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In MFA No.4283/2021, the appellants have sought for

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the following reliefs:

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“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.

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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.

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c) Grant such other and further reliefs based on the nature and circumstances of the above case.

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d) Grant cost of the above Appeal in the interest of justice and equity.”

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In MFA No.4288/2021, the appellants have sought for the

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following reliefs:

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“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.

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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.

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c) Grant such other and further reliefs based on the nature and circumstances of the above case.

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d) Grant cost of the above Appeal in the interest of justice and equity.”

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In W.P.No.473/2024, petitioners have sought for the

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following reliefs:

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“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.

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b) Grant such other and further reliefs based on the circumstances of the above case, as this Hon’ble

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Court deems fit and proper in the facts and circumstances of the above case.

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c) Grant cost of the above writ petition, in the interest of justice and equity .”

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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:

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“a) Pass a judgment and decree in the nature of declaration declaring that meetings of the 1^st 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;

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b) Pass a judgment and decree in the nature of declaration to the effect that the meeting of the 1^st 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 1^st 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;

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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.

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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.

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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.

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C5. Declare that the third plaintiff shall continue to be the General Secretary of the plaintiff number 1.

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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;

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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 1^st Plaintiff Society and its testimony and resultantly

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direct them to adopt transparency and law abidingness;

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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 3^rd Plaintiff General Secretary and other office bearers of the 1^st Plaintiff Society and of the institutional heads of the institutions run under the 1^st Plaintiff Society.

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g) Issue a directory/mandatory injunction directing the 1^st 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 1^st Plaintiff Society and in terms of the General Law and also direct the 1^st 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 1^st Plaintiff;

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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 1^st Plaintiff organization by acceding to a single pool

¶147

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budget and composite financial management of Plaintiff No.1 for all the institutions run under it and

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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.”

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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.

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Heard learned Senior counsel for the appellants / writ petitions as well as learned Senior counsel for the respondents and perused the material on record.

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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 statusquo 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.

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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

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Bar Association, Allahabad vs. State of Uttar Pradesh and Others, (2024) 2 S.C.R. 946 , the Hon’ble Apex Court has held that

¶157

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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.

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In the result, I pass the following:

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ORDER

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(i) W.P.No.29474/2023, MFA No.4283/2021, MFA

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No.4288/2021 and W.P.No.473/2024 are hereby disposed of.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(x) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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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.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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LG/SRL LIST NO.: 19 SL NO.: 2

Dr K v. Chidananda v Academy of Liberal Education (R)

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Dr K v. Chidananda v Academy of Liberal Education (R)

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