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2026 DAILYLAW 8980 (KAR)

POURA VIHARA (R) v. B P UMASHANKAR

WP/33559/2025 · 2026-02-26

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33559 OF 2025 (GM-CPC) BETWEEN: POURA VIHARA (R), SHIKARIPURA, REPRESENTED BY ITS SECRETARY, S. NAGARAJA S/O MURIGEPPA, AGED ABOUT 59 YEARS, R/O. MUDIGOWDARA KERI, SHIKARIPURA TOWN AND TALUK, SHIVAMOGGA DISTRICT – 577 427 KARNATAKA SOCIETIES REGISTRATION ACT, 1960 …PETITIONER (BY SRI. S. V. PRAKASH, ADVOCATE) AND: 1. B. P. UMASHANKAR S/O B. PARAMESHWARAPPA, AGED ABOUT 46 YEARS, R/O. VIDYANAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427 2. D. S. CHANNABASAVARAJA S/O D. SHIVANANDAPPA, AGED ABOUT 44 YEARS, R/O. SHANTHI NAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427 3. YOGESH H.C. S/O CHANDRASHEKARAPPA, AGED ABOUT 48 YEARS, R/O. VIDYANAGARA, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 4. H. S. MALLANARYA, S/O H. SHIVAPPA, AGED ABOUT 59 YEARS, R/O. DODDAPETE, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 5. ARAVINDA M. SHASTRI, S/O MRUTHINJAYA SHASTRI, AGED ABOUT 47 YEARS, R/O. SHANTHINAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 6. PARASHURAMA, S/O OBAIAH, AGED ABOUT 62 YEARS, R/O. YASHASWI NILAYA, MIG2#11, K.H.B. COLONY, GOPALA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 7. K. N. MANJACHARYA, S/O LATE. NANJACHARYA, AGED ABOUT 51 YEARS, R/O. CHANNAKESHAVA NAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 8. VIJAYA SHASTRI S.J. S/O. JAYADEVA SHASTRI, AGED ABOUT 48 YEARS, R/O. NEAR PUSHPA CONVENT, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 9. T. M. SRIDHARA S/O T. MAHADEVAPPA, AGED ABOUT 52 YEARS, R/O. CHANNAKESHAVA NAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. - 3 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 10. BASAVARAJA D.L. S/O. D. LOKAPPA, AGED ABOUT 46 YEARS, R/O #219, TALUK OFFICE ROAD, OPP. VETERINARY HOSPITAL, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 11. SRIDHARA HEGDE, S/O. A. ANANDA SHETTI, AGED ABOUT 54 YEARS, R/O 6TH CROSS, VINAYAKA NAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 12. SIDDALINGAIAH M. H., S/O HOLEBASAPPA, AGED ABOUT 63 YEARS, R/O NEAR PUSHPA SCHOOL, SHANTHINAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 13. H. R. SUNIL S/O RAJAPPA, AGED ABOUT 50 YEARS, R/O 3RD CROSS, VINAYAKA RICE MILL, VINAYAKA NAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 14. KIRAN H. J. S/O JAGADEVAPPA, AGED ABOUT 52 YEARS, R/AT NO.39, ‘HARIHARA NILAYA’, MANDIPETE, JAYANAGARA CIRCLE, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 15. T. MAHADEVA ACHAR, S/O TANGAVEL ACHAR, AGED ABOUT 57 YEARS, - 4 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 R/O 2ND CROSS, VINAYAKA NAGARA, SHIKARIPURA TOWN & TALUK, SHIVAMOGGA DISTRICT – 577 427. 16. SRIDHAR KARKI, S/O VENKATESH K. SHET, AGED ABOUT 58 YEARS, THE PRESIDENT, POURA VIHARA (R), S. S. ROAD, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. 17. S. RAVINDRA, S/O SHANTHAVEERAPPA GOWDA, AGED ABOUT 47 YEARS, THE SECRETARY, POURA VIHARA (R), S. S. ROAD, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427 18. S. P. KARIBASAPPA, S/O SHIVAPPA PRASARAD, AGED ABOUT 54 YEARS, VICE PRESIDENT, POURA VIHARA (R), S. S. ROAD, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. 19. EKESHWARAPPA ANGADI S/O NAGAPPA, AGED ABOUT 74 YEARS, DIRECTOR, POURA VIHARA (R), S. S. ROAD, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. 20. P. M. RENUKA SWAMY, S/O P. MOUNESHWARAIAH, AGED ABOUT 56 YEARS, DIRECTOR, POURA VIHARA (R), S. S. ROAD, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. 21. H. S. SIDDALINGESH S/O H. SANGAPPA, AGED ABOUT 53 YEARS, DIRECTOR, POURA VIHARA (R), - 5 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 S. S. ROAD, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. 22. KABADI RAJAPPA S/O KENCHAPPA KABADI, AGED AOBUT 66 YEARS, R/O KAJIKOPLU, BESIDE MALTESH TALKIES, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. 23. T. S. MOHAN, S/O T. SIDDAPPA, AGED ABOUT 65 YEARS, R/O DODDAKERI, SHIKARIPURA, SHIVAMOGGA – 577 427. 24. H. L. GURURAJ RAO JAKTAP, S/O LAKSHMIKANTH RAO JAKTAP, AGED ABOUT 59 YEARS, R/O MASUR CIRCLE, MANDIPETE, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. 25. S. NAGARAJ S/O MURIGEPPA, AGED AOUT 56 YEARS, R/O MUDIGOUDARA KERI, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427 26. H. S. MANJUNATH, S/O. H. SHIVAPPA, AGED ABOUT 48 YEARS, R/O MANDIPETE, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427 27. M. H. SATHISH, S/O MANJAPPA, AGED ABOUT 53 YEARS, R/O MUDIGOUDARA KERI, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427 - 6 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 28. S. S. KSRIBASAPPA, S/O SHIVANANDAPPA, AGED ABOUT 48 YEARS, R/O DODDAPETE, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. 29. H. R. MALLIKARJUN S/O RAJENDRAPPA, AGED ABOUT 47 YEARS, R/O HULLINAKATTE, HONNALI ROAD, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT – 577 427. …RESPONDENTS (BY SRI. PRUTHVI WODEYAR, ADVOCATE FOR CAV / R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.10.2025 PASSED BY THE COURT OF LEARNED SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, IN M.A.NO. 15/2025 PRODUCED AS ANNEXURE-L TO THE WRIT PETITION CONFIRMING THE ORDER DATED 17.09.2025 PASSED BY THE COURT OF LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC, SHIKARIPURA ON I.A.NO.XIII IN O.S.NO.346/2024 THEREBY GRANTING AD-INTERIM TEMPORARY INJUNCTION IN FAVOUR OF THE PLAINTIFFS PRODUCED AS ANNEXURE-J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant No.1 in O.S.No.346/2024 is directed against the impugned order dated 17.09.2025 passed on I.A.No.XIII granting injunction in favour of the plaintiff against the - 7 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 petitioner, which was confirmed by the First Appellate Court in M.A.No.15/2025, which dismissed the appeal filed by the petitioner. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioner and learned counsel for the respondent Nos.1 to 15 - plaintiffs jointly submit that the present petition may be disposed of directing the Trial Court to dispose of the suit in accordance with law within a stipulated time frame and by directing that the petitioner-defendant No.1 - Society shall not take any major policy or financial decisions in relation to the subject Society and to not induct any new members till disposal of the suit by modifying the impugned orders accordingly. 4. The aforesaid joint submission is placed on record. 5. The submission of learned counsel for the plaintiffs that I.A.No.11 filed by the plaintiffs under Order XL Rule 1 CPC for appointment of receiver may be disposed of as not pressed is placed on record. - 8 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 6. Under the aforesaid facts and circumstances and joint submission made by learned counsel for the parties, without expressing any opinion on the merits/demerits of the petition, I deem it just and appropriate to dispose of the petition by issuing certain directions. 7. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned order dated 17.09.2025 in O.S.No.346/2024 on the file of I Additional Civil Judge and JMFC, Shikaripura, is hereby modified. iii) The application, I.A.No.XIII in O.S.No.346/2024 filed by the plaintiffs is disposed of directing the petitioner-defendant No.1- Society to conduct meetings but shall not to take any major policy or financial decisions in relation to the petitioner-Society and not to induct any new members till disposal of the suit by the trial Court. iv) The Trial Court is directed to dispose of the suit in accordance with law within a period of 7 months from the date of receipt of a copy of this order. - 9 - HC-KAR NC: 2026:KHC:12294 WP No. 33559 of 2025 v) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 7