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1973 Supreme(Kar) 177

K.J.SHETTY
SREE VENKATARAMANA TEMPLE BOARD OF EDUCATION, KARKALA – Appellant
Versus
C. MANJUNATHA KAMATH – Respondent


Advocates:
B.P.HOLLA, U.L.NARAYANA RAO

( 1 ) THE petitioners are aggrieved by the order appointing a receiver to manage certain educational institutions which were formerly managed by them.

( 2 ) THEY filed O. S. No. 168/71 for decaration that they are the duly and validly constituted members of Shree Venkataramana Temple Board of Education and entitled to manage and conduct three schools pertaining to the temple. The suit was also for permanent injunction to restrain the defendants from interfering in their management. The plaintiffs obtained a temporary injunction. The appeal against the said injunction order is pending disposal "before the Court of the Civil Judge at Udipi. When the injunction order was thus operative against the defendants, the defendants filed an application under Or. XL, Rule 1 CPC for appointment of a receiver complaining that the said schools are not properly managed by the plaintiffs. The trial Court, after enquiry appointed one of the members of the local Bar as a receiver. The plaintiffs appealed. The learned Civil judge while affirming the order of appointment of the receiver, has dismissed the appeal. Hence this revision petition

( 3 ) SRI U. L. Narayana Rao, learned Counsel for the petition








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