- 1 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 37818 OF 2025 (GM-CPC) BETWEEN: 1. SRI G. T. KUMAR AGED ABOUT 65 YEARS S/O LATE SRI G.A.THIMMAPPAGOWDA R/AT K.R. PURAM HASSAN - 573 201 SECRETARY MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. …PETITIONER (BY SRI YESHU BABA R. MISHRA, ADVOCATE) AND: 1. MALNAD TECHNICAL EDUCATION SOCIETY REPRESENTED BY ITS EC MEMBER AGE ABOUT 91 YEARS S/O LATE SRI THIMMEGOWDA SRI R.T.DYAVEGOWDA R/AT RAVINDRANAGAR HASSAN - 573 201. 2. MALNAD TECHNICAL EDUCATION SOCIETY REPRESENTED BY ITS EC MEMBER SRI C.R. JAGADEESH AGED ABOUT 58 YEARS R/AT KRUPA NILAYA 1ST FLOOR, BEHIND CHRIST PUBLIC SCHOOL RING ROAD, VIDYANAGARA HASSAN - 573 202. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 3. THE MALNAD TECHNICAL EDUCATION SOCIETY REPRESENTED BY ITS EC MEMBER SRI H.D. PARSWANATH AGED ABOUT 75 YEARS S/O SRI H.P. DHARANAPPA H.P. DHARANAPPA AND SONS MERCHANT, SANTHEPETE HASSAN - 573 201. 4. SRI B.R.GURUDEV S/O. RAJASHEKAR COFFEE PLANTER R/O. GURUKRUPA SHIVAKRUPA ESTATE BALLUPET, SAKALESHPURA TALUK HASSAN - 573 272. CHAIRMAN MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. 5. SRI S.G. SRIDHARA S/O LATE SRI S.V.GUNDU RAO AGED ABOUT 56 YEARS R/AT S. V. GUNDU RAO AND CO 1ST FLOOR, VIDYA BHAVAN OLD BUS STAND ROAD HASSAN - 573 201 TREASURER MALNAD TECHNICAL EDUCATION SOCIETY HASSAN 6. SRI ASHOK HARANAHALLI S/O. LATE SRI HARANAHALLI RAMASWAMY AGED ABOUT 67 YEARS R/AT NO.558, 1ST MAIN ROAD 3RD BLOCK, RMV 2ND STAGE BENGALURU - 560 094 - 3 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 EC MEMBER MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. 7. SRI ANOOP HARANAHALLI S/O. SRI ASHOK HARANAHALLI AGED ABOUT 36 YEARS R/AT NO.558, 1ST MAIN ROAD 3RD BLOCK, RMV 2ND STAGE BENGALURU - 560 094 EC MEMBER MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. 8. SRI KARTHIK S BAPAT S/O. LATE SRI S.D. BAPAT AGED ABOUT 44 YEARS R/AT NO.126, 2ND CROSS GARDEN VILLAS GOVINDARAJNAGAR WARD NAGARABHAVI MAIN ROAD VIJAYANAGARA WEST BANGALORE - 560 072 EC MEMBER MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. 9. SRI K.M. SHIVANNA AGED ABOUT 73 YEARS S/O LATE SRI K.S. MALLAPPA R/AT 'KENCHAMBA' SAMPIGE ROAD KR PURAM, HASSAN - 573 201 EC MEMBER MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. 10. SRI K. PRABHAKAR - 4 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 AGED ABOUT 65 YEARS S/O LATE SRI K.A. KRISHNASWAMY R/AT 9TH CROSS, SHANKARMUTT ROAD EC MEMBER, MALNAD TECHNICAL K.R PURAM, HASSAN - 573 201 EDUCATION SOCIETY, HASSAN. 11. SRI K.N.GURAPPA AGED ABOUT 60 YEARS S/O LATE SRI NANJAPPAGOWDA R/AT BALERAKOPPAL ESTATE RAYARAKOPPAL POST K.H HOBLI, ALURU TALUK HASSAN - 573 129. EC MEMBER, MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. 12. SRI M.S. SURESH AGED ABOUT 62 YEARS S/O LATE SRI SAMARTH RAMDAS, R/AT NO. 1313 OPP. DREAMS RING ROAD NAGARABHAVI MAIN ROAD HASSAN - 573 201. EC MEMBER MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. 13. SRI ARJUN GURUDEV AGED ABOUT 45 YEARS S/O SRI B.R. GURUDEV R/AT GURUGANGA, 3RD MAIN SADASHIVNAGAR BENGALURU - 560 080 EC MEMBER MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. - 5 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 14. SRI G.R. SRINIVASA AGED ABOUT 63 YEARS S/O LATE SRI RAMASWAMY R/AT NO.319, SHANKARIPURAM HASSAN - 573 201 EC MEMBER MALNAD TECHNICAL EDUCATION SOCIETY HASSAN. 15. SRI D.C.ARAVIND S/O. LATE D.A. CHANDREGOWDA AGED ABOUT 59 YEARS R/A. PRASHANTH NILAYA NO. 1824, RAVINDRANAGAR HASSAN - 573 201. 16. THE REGISTRAR OF SOCIETIES NEAR PLANTERS BANK NEAR KARIGOWDA COLONY HASSAN - 573 201. 17. THE JOINT REGISTRAR OF SOCIETIES NO. 1, ALI ASKAR ROAD BENGALURU - 560 052. …RESPONDENTS (BY SRI RAVI M.M., ADVOCATE FOR R1 TO R3; SRI RAVISHANKAR D., ADVOCATE FOR R4 TO R12, R14 AND R15 SRI M. SRINIVAS KUMAR, HCGP FOR R16 AND R17 VIDE ORDER DATED 15.12.2025 NOTICE TO R13 IS DISPENSED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.12.2025 PASSED IN M.A.NO.26/2025 WITHOUT CONSIDERING I.A.NOS.1 AND 2 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, HASSAN AT ANNEXURE-K1 AND CONSEQUENTLY DIRECT THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, HASSAN IN M.A.NO.26/2025 TO CONSIDER - 6 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 I.A.NOS.1 AND IA NO.2 FILED UNDER ORDER XXXIX RULE 1 AND 2 CPC EXPEDITIOUSLY AT ANNEXURES-J1 AND J2 RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner and learned counsel for respondents. 2. With consent of learned counsels for parties, the petition is taken up for final disposal. 3. Parties are referred to as per their status before the trial Court. 4. This petition is filed by the petitioner-defendant No.2 seeking the following reliefs: "a. Issue a Writ of Certiorari and quash the order dated 10.12.2025 passed in MA No.26/2025 without considering IA No.1 & 2 by the Addl. Senior Civil Judge and CJM, Hassan at Annexure-K1 and consequently. b. Issue a Writ of Mandamus and direct the Addl. Senior Civil Judge and CJM, Hassan in MA No.26/2025 to consider IA No.1 & IA No.2 filed - 7 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 under order 39 rule 1 and 2 CPC expeditiously at Annexure-J1 & J2 respectively; c. Grant such other relief/s that this Hon'ble Court deems fit in the facts and circumstances of the above case." 5. It is stated that respondent Nos.1 to 3 are the plaintiffs, respondent Nos.4 to 17 are defendant Nos.4, 12, 5 to 11, 13 to 15 and the petitioner is defendant No.2 before the trial Court in the original suit. 6. The plaintiffs have initiated a suit against the defendants for declaration and other consequential benefits. Along with the plaint, the plaintiffs have filed I.A.No.III under Order XXXIX Rules 1 and 2 of CPC seeking to restrain defendant Nos.1 to 13, their men, agents and persons representing them from interfering, obstructing, causing nuisance with respect to management, administration, affairs of the plaintiffs Society until disposal of the suit and defendant Nos.1, 2 and 12 filed I.A.No.IV under Order XXXIX Rule 1(a) read with Section 151 of CPC seeking to restrain the plaintiffs - 8 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 from disturbing, causing hindrance, interfering with discharging of duties of defendant Nos.1, 2 and 12 as Chairman, Secretary and Treasurer respectively of the Malnad Technical Education Society Reg., in any manner until disposal of the suit. 6.1 After hearing the arguments of both parties, the trial Court has allowed I.A.No.III and granted an interim order restraining defendant Nos.1 to 13 from interfering, obstructing, causing nuisance with respect to management, administration and affairs of the Plaintiffs Society by its Office Bearers Sri R.T.Dyavegowda, Sri C.R.Jagadish and Sri H.D.Parswanath until disposal of the suit, whereas I.A.No.IV filed by defendant No.1, 2 and 12 has been dismissed. Aggrieved by which, defendant Nos.1 to 13 preferred an appeal in M.A.No.26/2025 seeking to set aside the order dated 04.12.2025 passed on I.A.No.IV in O.S.No.762/2025 by the trial Court before the first Appellate Court. - 9 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 6.2 Along with the said appeal, defendant Nos.1 to 13 have filed I.A.No.1 filed under Order XXXIX Rule 3 read with Section 151 of CPC seeking to dispense the issuance of notice to the other side before passing the interim order and also filed I.A.No.2 under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, which reads as under: "For the reasons stated in the accompanying affidavit, the Appellant No.1 to 3 most respectfully prays that the Hon'ble Court may be pleased to restrain the respondents from disturbing and causing hindrance and also interfering with discharging the duties of the 1st Appellant as Chairman, 2nd Appellant as Secretary and 3rd Appellant as Treasurer of Malnad Technical Education Society ® in any manner whatsoever by way of Temporary Injunction Order till disposal of the suit, in the interest of justice and equity." 6.3 The first Appellate Court has not considered the said applications filed by defendant Nos.1 to 13 and adjourned the matter without passing any order son the same. Aggrieved by which, defendants No.2 is before this Court. - 10 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 7. It is the contention of the learned counsel for defendant No.2 that the impugned order passed by the trial Court is illegal and perverse. It is also contended that there was no authorisation by the Society in order to file a suit and therefore, the suit itself is not maintainable. 7.1 It is further contended by the learned counsel for defendant No.2 that there are 24 members in the Executive Committee of the Society, out of which, 13 members have opposed the administration of respondent Nos.1 to 3 i.e., the plaintiffs and eight other members have not been made parties to the suit. Therefore, several contentions are raised with regard to the filing and validity of the suit itself. 7.2 It is further contended by the learned counsel for defendant No.2 that aggrieved by the impugned order dated 04.12.2025 passed on I.A.No.IV in O.S.No.762/2025 by the trial Court, defendant Nos.1 to 13 preferred an appeal in M.A.No.26/2025 along with I.A.No.1 seeking dispensation of notice to other side and I.A.No.2 seeking - 11 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 an order of temporary injunction by restraining the respondents therein i.e., the plaintiffs from taking any major decisions with regard to the management of affairs of the trust and interfering with the duties of defendant No.2, who is the Secretary and other defendants who are acting in accordance with law. However, the said applications have not been considered by the first Appellate Court and the matter has been adjourned without passing any orders on the same. 7.3 It is further contended by learned counsel that defendant No.2 and other defendants have already argued the matter as appellants before the first Appellate Court. The plaintiffs have been protracting and prolonging the proceedings, which is causing delay and in view of the interim order have been making financial misappropriations, thereby taking major financial decisions, which causes miscarriage of justice to the defendants and consequently to the Society as a whole. Therefore, defendant No.2 is before this Court seeking - 12 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 direction to the first Appellate Court to consider the said applications and pass suitable orders expeditiously, so that there is no misappropriation and major financial decisions taken by the plaintiffs. 8. Per contra, learned counsel for plaintiffs contended that there is no illegality or perversity in the impugned order passed by the trial Court. It is also contended that the plaintiffs are ready to argue the matter before the first Appellate Court. The defendants have already argued the matter before the first Appellate Court. It is for the plaintiffs to address their arguments on the applications, i.e., I.A.Nos.1 and 2 and the first Appellate Court may take appropriate decision after hearing the arguments of all the parties. 8.1 Learned counsel for plaintiffs further contended that the plaintiffs are taking relevant decision in accordance to the interim order granted by the trial Court. Therefore, there is no illegality committed, as the plaintiffs are acting in pursuance to the order well within the legal - 13 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 limits of the order of the trial Court. Therefore, he seeks to dismiss this petition. 9. Heard learned counsel for defendants and learned counsel for plaintiffs. 10. A short point that would arise for consideration is that: "1) Whether the first Appellate Court having not considered the applications filed by defendants, there is certain apprehension of the defendants that the plaintiffs are misappropriating funds and taking major financial decisions, which infringes the rights of the defendants and also causes financial loss to the Society. Therefore, it becomes apparent that the first Appellate Court would have to decide the applications as early as possible, as it is only the plaintiffs who have to argue the application and the defendants have already addressed their arguments." 11. Under the circumstance, the matter requires to be heard expeditiously by the first Appellate Court and in the meanwhile , it is required in the interest of justice and the Society's well being, the plaintiffs do not take any - 14 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 major financial decisions till the applications, i.e., I.A.Nos.1 and 2 are decided by the first Appellate Court on 17.12.2025. 12. Accordingly, I pass the following: ORDER i. This petition is disposed off; ii. The matter is remitted back to the first Appellate Court to consider the applications in I.A.Nos.1 and 2 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC and pass suitable order in accordance with law upon providing opportunity to the plaintiffs. iii. It is made clear that the first Appellate Court shall consider the said applications and pass suitable orders independently without being influenced by the order passed today which is limited till the next date of hearing, i.e., on 17.12.2025. SD/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 3 - 15 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 PSYJ: 16.12.2025 ORAL ORDER ON BEING SPOKEN TO Learned counsel for the petitioner has moved this matter under the caption for being spoken to for a rectification of the error committed while typing the order. While passing the order on 15.12.2025, this Court passed an order directing the respondents not take any major financial decisions with respect to the society involved in this case. In view of the fact the same is not captured in the order, the present memo is moved. Therefore, the order portion of No.iii dated:15.12.2025 shall read as under: iii. It is made clear that the first Appellate Court shall consider the said applications and pass suitable orders independently without being influenced by the order passed today. However, the respondents shall not take any major financial decisions with regard to the - 16 - HC-KAR NC: 2025:KHC:53049 WP No. 37818 of 2025 society and the same is limited till the next date of hearing i.e., on 17.12.2025. Accordingly, the memo is disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE MRP List No.: 3 Sl No.:1