- 1 - HC-KAR NC: 2025:KHC:27887 MFA No. 65 of 2025 C/W MFA No. 16 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 65 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 16 OF 2025 (CPC) IN MFA No. 65/2025 BETWEEN: MR. K. DEVADAS, S/O LATE KRISHNAPPA, AGED ABOUT 72 YEARS, S/O LATE KRISHNAPPA, NO 25, 1ST MAIN ROAD, 8TH CROSS PRASHANTH NAGAR, VIJAYANAGAR, BENGALURU - 560 079 …APPELLANT (BY SRI. THONTADHARYA R.K, ADVOCATE) AND: M/S. VIJAYANAGAR CLUB REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, SITE NO 1-4, 1ST MAIN ROAD, 4TH CROSS, HAKKA ROAD, 2ND STAGE, HAMPI NAGAR, BENGALURU - 560 104, REPRESENTED BY PRESIDENT. …RESPONDENT (BY SRI. GOWDA G A K, ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.04.12.2024 PASSED ON IA NO.1 IN O.S.NO.7049/2024 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH NO.12), REJECTING IA NO.1 FILED U/O.39 RULE 1 AND 2 151 OF CPC. Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27887 MFA No. 65 of 2025 C/W MFA No. 16 of 2025 IN MFA NO. 16/2025 BETWEEN: MR. M KRISHNAMURTHY S/O LATE MUNIYAPPA Y.R, AGED ABOUT 52 YEARS NO.26, 1ST CROSS, CHOLUPALYA, MAGADI ROAD, BENGALURU - 560 079. ...APPELLANT (BY SMT. RAKSHITHA P, ADVOCATE) AND: M/S. VIJAYANAGAR CLUB REGISRTEREED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960, SITE NO.1-4, 1ST MAIN ROAD, 4TH CROSS, HAKKA ROAD, 2ND STAGE, HAMPI NAGAR, BENGALURU - 560 104. ...RESPONDENT (BY SRI. GOWDA G A K, ADVOCATE) THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 4.12.2024 PASSED ON I.A. NO.1 IN O.S.NO. 7053/2024 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.NO. 12), REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC. IN TIME. C.F. SUFFICIENT.I.A.1/2025 FOR DISPENSATIONI.A. FILED UNDER SECTION 151 OF CPC, PRAYING TO DISPENSE WITH THE PRODUCTION OF THE CERTIFIED COPY OF THE IMPUGNED ORDER DATED 4.12.2024 PRODUCED WITH THIS APPEAL MEMORANDUM AS DOCUMENT NO. 1 RESPECTIVELY TO SERVE THE INTERESTS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC:27887 MFA No. 65 of 2025 C/W MFA No. 16 of 2025 THEIES APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Heard both the counsels. 2. It is submitted that, the appellant/plaintiff has filed the suit against defendant to declare that, the Annual General Body Meeting Resolution dated 17.09.2023, in so far as it relates to the termination of plaintiff's primary membership of the defendant's club as illegal and non-est and to declare that, the defendant's club order dated 02.10.2023 bearing No. V.Club/Admin/2023-24/197, terminating/dismissing the plaintiff's primary membership of the defendant's club is illegal, non-est and grant such other further reliefs as just and proper in the interest of justice and equity. 3. It is submitted that, before the trial Court, the plaintiff has filed an application in the shape of item No. 1 under Order XXXIX rule 1 and 2 of CPC, praying the Court - 4 - HC-KAR NC: 2025:KHC:27887 MFA No. 65 of 2025 C/W MFA No. 16 of 2025 to pass an ad-interim injunction restraining the defendant from obstructing the plaintiff from accessing/using the defendant's club facilities during the pendency of the suit and also prayed to stay the said order by filing I.A.No.2. 4. The learned trial Court considering the objections of the respondent have dismissed both IA's. This is how, now the appellant is before this Court challenging the orders on I.A.No.1. 5. Learned counsel for the appellant submits that, as the appellant is the founder/member of the defendant club/respondent club, the allegations were made in the resolution are far from truth and he being a founder/ member may be permitted to have access/using the available facilities during the pendency of the suit. 6. The counsel for the respondent strongly objects for the same. As the suit is of the year 2024, so also as the plaintiff is the counter member of the defendant/respondent club, in the interest of promoting - 5 - HC-KAR NC: 2025:KHC:27887 MFA No. 65 of 2025 C/W MFA No. 16 of 2025 justice, if the plaintiff is permitted to have an access to such facilities available in the club, during the pendency of the suit, it would meet the ends of justice. However, the plaintiff is under obligation to clear all the arrears towards membership fees and any other contributions. He has to make good of the same within 15 days from today. He also shall maintain a good harmony and shall not do any other activities against the interest of the club. 7. Further, in view of the urgency pleaded, the learned trial Court is requested to dispose of the suit expeditiously with all its promptitude, within the outer limit of 9 months from the date of production/receipt of certified copies of this order. Parties to the suit shall co-operate with trial Court for early disposal. 8. With this observation, the appeals are disposed of. The appellant to furnish the receipts for having cleared all the arrears, if any before the trial Court. - 6 - HC-KAR NC: 2025:KHC:27887 MFA No. 65 of 2025 C/W MFA No. 16 of 2025 No orders as to cost. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PK List No.: 1 Sl No.: 19 CT: BHK