- 1 - HC-KAR NC: 2025:KHC-D:11956 RFA No. 100205 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD BENCH DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100205 OF 2018 (DEC-) BETWEEN: 1. SMT. LAKSHMIDEVI W/O. DEVVENDRAPPA T., AGED ABOUT 56 YEARS, OCC:HOUSEHOLD WORK, R/O ARANEKALLU (TARALABALU NAGAR) POST:BELAVANUR, TQ: AND DIST:DAVANGERE 2. SRI. RAJAPPA S/O. NINGAPPA BALAPPANAVARA, AGED ABOUT 35 YEARS, OCC:AGRICULTURE, R/O:NADIHARALAHALLI, TQ RANEBENNUR, DIST:HAVERI. 3. SRI. HANUMANTHARAJ S/O. MAHADEVAPPA CHANNAGOUDARA, AGED ABOUT 35 YEARS, OCC: ADVOCATE, R/O. NADIHARALAHALLI, TQ: RANEENNUR, DIST:HAVERI. 4. SRI. GANGADHARA S/O. CHANNAPPA BOODANURA, AGED ABOUT 42 YEARS, OCC:COOLIE, R/O: NADIHARALAHALLI, TQ: RANEBENNUR, DIST:HAVERI. 5. KUMAR S/O. NINGAPPA KOONABEVU AGED ABOUT 40 YEARS, OCC:AGRICULTURE, R/O: NADIHARALAHALLI, TQ: RANEBENNUR DIST:HAVERI. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.17 15:46:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11956 RFA No. 100205 of 2018 6. KUM.GEETA T. S/O. DEVENDRAPPA T. AGED ABPUT 35 YEARS, OCC:HOUSEHOLD WORK, R/O ARANEKALLU ( TARALABALU NAGAR), POST:BELAVANUR, TQ AND DIST:DAVANGERE. 7. SMT. GEETHAMMA W/O. HALAPPA BALAPPANAVARA AGED ABOUT 37 YEARS, OCC:COOLIE, R/O. NADIHARALAHALLI, TQ: RANEBENNUR, DIST:HAVERI. 8. SMT.GOURAMMA W/O. VEERAPPA YELABURGI, AGED ABOUT 55 YEARS, OCC:HOUSEWIFE, R/O RATTIHALLI, TQ: HIREKERUR, DIST:HAVERI. 9. SRI. NINGAPPA S/O. HALAPPA PUJAR SINCE DEAD: 9) SMT. RATHNAVVA W/O. NAGARAJAPPA AGED AOUT 48 YEARS, OCC:HOUSEHOLD WORK, R/O: YELIVAL, POST:NITUVALLI, TQ AND DIST: DAVANAGERE. …APPELLANTS (BY SRI. G. K. HIREGOUDAR, ADVOCATE) AND: 1. SRI. SHEKHAPPA S/O. HANUMANTHAPPA BEDAR AGED ABOUT 60 YEARS, OCC:AGRICULTURE, R/O: NADIHARALAHALLI, TQ: RANEBENNUR, DIST:HAVERI 581115. 2. SRI. BASAVANTHAPPA S/O. NINGAPPA DODDAMANI AGED ABOUT 60 YEARS, OCC:AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:11956 RFA No. 100205 of 2018 R/O: NADIHARALAHALLI, TQ: RANEBENNUR DIST:HAVERI 581111. 3. SRI. FAKEERAPPA S/O. NINGAPPA DODDAMANI DEAD REPRESENTED BY 3) SRI. MANJAPPA S/O. BASAPPA DODDAMANI AGED ABOUT 41 YEARS, OCC: AGRICULTURE, R/O: NADIHARALALLI, TQ: RANEBENNUR, DIST: HAVERI 581115. 4. SRI. RANGAPPA S/O. SIDDAPPA KONANATALE AGED ABOUT 55 YEARS, OCC: AGRICULTURE, R/O: BOGAVI, TQ: HIREKERUR, DIST:HAVERI 581111. 5. SMT. RATHNAVVA W/O. MARUTHI BAJARI AGED ABOUT 43 YEARS, OCC: HOUSEHOLD WORK, R/O: NADIHARALALLI, TQ: RANEBENNUR, DIST:HAVERI 581115 6. SRI. DURAGAPPA S/O. MARIYAPPA HARIJAN AGED ABOUT 78 YEARS, OCC:AGRICULTURE, R/O: CHAPPARADAHALLI, TQ: HIREKERUR, DIST:HAVERI 581111. 7. PRESIDENT OF MAHALAKSHMI EDUCATIONAL TRUST, SRI. SHEKHAPPA S/O. HANUMANTHAPPA BEDAR AGED ABOUT 60 YEARS, OCC:AGRICULTURE, R/O: NADIHARALAHALLI, TQ: RANEBENNUR, DIST:HAVERI 581115. - 4 - HC-KAR NC: 2025:KHC-D:11956 RFA No. 100205 of 2018 8. CHANDRAPPA S/O. HANUMANTAPPA BEDAR AGE: 56 YEARS, OCC: PRESIDENT, MAHALAXMI EDUCATIONAL TRUST, NADIHARALAHALLI,, TQ: RANEBENNUR, DIST: HAVERI …RESPONDENTS (BY SRI. M.S HARAVI, ADV. FOR R3 TO R6, R8 AND C/R7.(R1 & R2-DECEASED);R1 AND R2- ABATED) THIS RFA IS FILED UNDER SEC. 96 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE ORDER DATED 24.04.2018 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HAVERI, IN O.S.NO.2/2010, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT Learned counsel for respondents have filed a memo stating that Smt. Lakshmi Devi w/o. Devendrappa was removed from the respondent-Trust on 20.08.2010. Immediately after the removal i.e., on 21.08.2010 itself, she had formed one more Trust in the same name by appointing trustees of her choice. The respondents aggrieved by the formation of a new Trust in the same name, filed a suit seeking declaration and permanent injunction in O.S.No.2/2010. The trial Court decreed the - 5 - HC-KAR NC: 2025:KHC-D:11956 RFA No. 100205 of 2018 suit declaring that the Trust formed by defendant No.1/appellant No.1, was void and illegal. Defendant No.1/appellant No.1, aggrieved by the judgment and decree of the trial Court in the said suit, filed this appeal. 2. During the pendency of the instant appeal, defendant No.1/appellant no.1 died. All the trustees of the Trust, with an intention to close the issue and to run the Trust smoothly, have taken a decision to induct appellant No.6, the daughter of appellant No.1, as a trustee, in the place of her deceased mother-appellant No.1 in the respondent Mahalakshmi Educational Trust. Accordingly, the respondent-Trust Committee in its executive meeting dated 08.09.2025, has taken a decision to appoint Smt. Geetha T, appellant No.6, as a trustee and accordingly resolution has been passed. A copy of the resolution dated 08.09.2025 is produced along with memo. 3. The President of the Trust is physically present before the Court and he is identified by his counsel. - 6 - HC-KAR NC: 2025:KHC-D:11956 RFA No. 100205 of 2018 4. The present Trust is having full forum and there are no any vacant posts of trustees. 5. In view of the appointment of the appellant No.6 as a trustee of the Trust, the respondents have agreed to take Smt. Geeta T. as a trustee. 6. Memo is taken on record. 7. In view of the same, nothing survives for consideration in this appeal. Accordingly, appeal is disposed of. 8. In view of the disposal of the appeal, I.A.No.1/2018 does not survive for consideration and accordingly, the same is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT:ANB/List No.: 1 Sl No.: 12