- 1 - HC-KAR NC: 2025:KHC-D:7385 CRP No. 100123 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL REVISION PETITION NO.100123 OF 2023 BETWEEN: SRI. RAYANNA S/O. SOMANINGA ARASHINAGERI, AGE: 75 YEARS, OCC: RETIRED PRESIDENT OF SHRI. CHATRAPATHI SHIVAJI EDUCATION TRUST, HALIYAL R/O: DURGA NAGAR HALIYAL – 581 329. …PETITIONER (BY SRI. HANUMESH M. DESAI, ADVOCATE) AND: 1. SRI. SUBHASH S/O. HANUMANTH TORLEKAR, AGE: 50 YEARS, OCCP: AGRICULTURE, R/O: NEAR APMC HALIYAL – 581 329 , TQ: HALIYAL, DIST: UTTAR KANNADA. 2. SMT. LAKSHMI W/O. SUBHASH TORLEKAR, AGE: 42 YEARS, OCCP: HOMEMAKER, R/O: NEAR APMC HALIYAL – 581 329, TQ: HALIYAL DIST: UTTAR KANNADA. 3. SRI. YALLAPPA S/O. PARASHURAM BOBAATI, AGE: 85 YEARS, OCCP: RETIRED, R/O: TANAJI CHOWK, MEDAR GALLI, HALIYAL – 581 329, TQ: HALIYAL, DIST: UTTAR KANNADA. 4. SMT. LALITHA W/O. RAYANNA ARASHINAGERI, AGE: 65YEARS, OCCP: HOMEMAKER, R/O: DURGA NAGAR, HALIYAL – 581 329, TQ: HALIYAL, DIST: UTTAR KANNADA. 5. SRI. THANAJI S/O. RAMACHANDRA NAKADI, AGE: 45 YEARS, OCCP: AGRICULTURE, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7385 CRP No. 100123 of 2023 R/O: SADASHIV NAGAR, HALIYAL – 581 329, TQ: HALIYAL, DIST: UTTAR KANNADA. 6. SRI. SHESHAGIRI S/O. YALLAPPA BABAATI, AGE: 45 YEARS, OCCP: AGRICULTURE, R/O: TANAJI CHOWK, MEDAR GALLI, SADSHIVA NAGAR – 581 329, TQ: HALIYAL DIST: UTTAR KANNADA. 7. SRI. PARAMOD S/O. RAYANNA ARASHINGERI, AGE: 45 YEARS, OCCP: AGRICULTURE, R/O: DURGA NAGAR, HALIYAL – 581 329, TQ: HALIYAL, DIST: UTTAR KANNADA. 8. SMT. SHRUTHI D/O. RAMA GARADOLKER, AGE: 40 YEARS, OCCP: HOMEMAKER, R/O: MEADAR GALLI, HALIYAL, NOW R/O: W/O. TANAJI JADHAV, KOPERSIKOPPA, TQ: HANGAL, DT: HAVERI. 9. SRI. CHATRAPATHI SHIVAJI EDUCATION TRUST HALIYAL, REPRESENTED BY ITS PRESIDENT, R/O: DURGA NAGAR HALIYAL 581 329. …RESPONDENTS THIS CIVIL REVIISION PETITION IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE PRAYING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS CIVIL REVISION PETITION, BY SETTING ASIDE THE ORDER PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE UTTARA KANNADA, KARAWAR IN MISC. CASE NO.51/2022 DATED 17.04.2023 AT ANNEXURE – E THEREBY ALLOWING I.A. NO.1 FILED BY THE RESPONDENT NOS.1 AND 2 HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CIVIL REVISION PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7385 CRP No. 100123 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is filed by the petitioner being aggrieved by the order dated 17.04.2023 passed in Misc.Case.No.51/2022 on the file of Principal District and Session Judge, Uttara Kannada, Karwar (Trial Court), by which the Trial Court has allowed the application filed by the plaintiffs/respondents No.1 and 2 under Section 92(1) read with Section 16(a) of CPC seeking grant of leave to institute to prosecute a suit against Shri.Chatrapathi Shivaji Education Trust and its management for breach of trust and for grant of relief of direction, declaration and consequential relief of forming a scheme for the purpose of management, administration and regulating the Committee. 2. The aforesaid application has been filed by the plaintiffs/respondents No.1 and 2 herein contending inter alia that they are the Trustees of one Shri.Chatrapathi Shivaji Education Trust, Haliyal and that the respondents - 4 - HC-KAR NC: 2025:KHC-D:7385 CRP No. 100123 of 2023 are the Trustees of the said Trust. It is alleged that there was misappropriation and mismanagement in the affairs of the said Trust for several years which requires to be regulated by framing a scheme of administration. That the Trust is a public charitable Trust and the plaintiffs being the Trustees are espousing the cause of public at large to protect the interest of the Trust and its beneficiaries. 3. Objection to the said application came to be filed by the petitioner herein denying the allegation, questioning the very locus standi of the plaintiffs to file the said suit and also on the ground of not making the earlier president of the Trust as party to the suit, who according to the petitioner was responsible for the mismanagement in the affairs of the Trust. 4. By the impugned order, the Trial Court allowed the application granting leave to plaintiffs to institute a suit as contemplated under Section 92 of CPC. Being - 5 - HC-KAR NC: 2025:KHC-D:7385 CRP No. 100123 of 2023 aggrieved by the same, the present revision petition is filed. 5. Counsel for the petitioner reiterating the grounds urged in the memorandum of petition submits that though there is no dispute with regard to plaintiffs, petitioner herein as well as other respondents being the Trustees, the Trial Court failed to appreciate that the mismanagement had occurred during the tenure of one Sri.Srikanath Ghotnekar who was the then President of the Trust against whom certain proceedings were initiated and without making him as a party to the proceedings, no purpose would be served. He further submits that even the petitioner herein had in the interest of the Trust, filed certain complaints against the said Sri.Srikanath Ghotnekar in Crime No.46/2023 and same is under investigation. He further submits that complaints are also filed before the Lokayukta against the said Sri.Srikanath Ghotnekar. Such being the factual aspects of the matter, without making the said Sri.Srikanath Ghotnekar as party - 6 - HC-KAR NC: 2025:KHC-D:7385 CRP No. 100123 of 2023 to the suit, the Trial Court ought not to have granted leave to file the suit. 6. Heard. Perused the records. 7. Two essential requirements need to consider for the purpose of granting permission to institute a suit under Section 92 of CPC. They are, the person applying for permission to institute the suit must have an interest in the Trust and secondly, the Trust must be for the public purpose a charitable or religious nature. From the averments made in the application before the Trial Court seeking leave to file a suit under Section 92 of CPC and from the reasoning assigned by the Trial Court in the impugned order as well as the grounds urged in the present petition and the submission made by the learned counsel for the petitioner, what emanates is that the plaintiffs are the trustees and undisputedly the Trust in question is a public charitable Trust. There are allegations of mismanagement and misappropriation of funds of the - 7 - HC-KAR NC: 2025:KHC-D:7385 CRP No. 100123 of 2023 Trust. That apart, even according to the petitioner, the alleged mismanagement and misappropriation had taken place during the tenure of one Sri.Srikanath Ghotnekar, who was the earlier President of the Trust against whom certain proceedings and complaints have been initiated and are pending consideration. 8. Be there as it may, as rightly taken note of by the Trial Court, the purpose of Section 92 of CPC is to ensure that the trustees of a public charitable Trust are not harassed by persons with vested interests without any cause. However, if it is brought to the notice of the District Court about the mismanagement being carried out in the administration of a Trust, on satisfaction of the said grounds, the District Court may grant leave to proceed in accordance with law. The Trial Court has adverted to legal requirements, factual aspect of the matter as well as the locus of the petitioners before granting the leave. The Trial Court has prima facie satisfied itself regarding grounds for granting leave to file the suit. Granting of such relief is - 8 - HC-KAR NC: 2025:KHC-D:7385 CRP No. 100123 of 2023 within the discretionary power and jurisdiction of the District Court. Such jurisdiction has been validly exercised by the Trial Court. In the light of the allegations made in the proceedings as noted above, this Court do not see any irregularity or illegality committed by the Trial Court in granting the relief to file a suit under Section 92 of CPC as sought for. No grounds are made out warranting interference. The petition is accordingly dismissed. 9. Pending I.A’s., if any, stand disposed of. Sd/- (M.G.S. KAMAL) JUDGE SH, SMM CT-ASC List No.: 1 Sl No.: 28