The Chief Officer v. Sri. Mallikarjun Dev Trust Bailhongal
Case brief
What is this about?
Recovery of possession suit; non-joinder of necessary parties; impleadment of persons in possession; maintainability of possession suit without declaratory relief; court fee re-consideration; Bombay Public Trust Act 1950 Ss.18-21 registration and Ss.50-51 Charity Commissioner permission; Sainath Mandir Trust v. Vijaya (2011) 1 SCC 623; R.M.Sundaram 2022 SCC OnLine SC 883; remand with directions; written statement by Municipality on ownership/title; Section 96 with Order 41 Rule 1 CPC RFA; Mallikarjun Dev Trust v. Town Municipal Council Bailhongal; O.S.No.69/2013; RFA No.100028/2025; RFA No.100080/2025; High Court of Karnataka Dharwad DB; NC 2025:KHC-D:17670-DB.
What did the court decide?
Appeals allowed in part: impugned judgment and decree dated 05.08.2024 in O.S. No.69/2013 quashed and set aside; matter remanded to the trial Court; all 43 appellants in RFA No.100028/2025 to be impleaded as defendants; newly impleaded defendants and the Chief Officer of the Town Municipal Council, Bailhongal to file written statements within four weeks of the first hearing after remand; description of the defendant corrected to 'Chief Officer' instead of President; issues to be framed after written statements; all contentions kept open; parties to appear before the Senior Civil Judge, Bailhongal in O.S. No.69/2013 on 19.01.2026 without waiting for notice; refund of court fee in accordance with law (clarified: admissible court fee to Appellant No.1 in RFA No.100028/2025); costs of Rs.10,000/- on the appellant in RFA No.100080/2025 payable to plaintiff No.1, with admissible court fee refunded to him; office directed to send back the trial Court records.