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2007 Supreme(Kar) 309

V.JAGANNATHAN
L. SHIVALINGAIAH – Appellant
Versus
PANCHAJANYA VIDYA PEETHA WELFARE TRUST (REGISTERED), BANGALORE – Respondent


Advocates appeared
Sri Abhinav R. for M/s. Kumar and Kumar Associates, Advocates for Appellant;
Sri Madhusudan R. Nayak, Advocate for Respondents-l and 2;
Sri H.V. Harish, Advocate for Respondents-2, 3, 5 and 6;
Sri Jayakumar S. Patil, Senior Advocate for Sri M.S. Shyam Sundar, Advocate for Respondents-7 to 9.

JUDGMENT

The appellant herein was removed from the trusteeship of the 1st respondent-Panchajanya Vidya Peetha Welfare Trust (Registered) (hereinafter referred to as "Trust" for short) on the allegation of certain anti-trust activities, as mentioned in the articles of charges dated 31-5-2006. The said order of removal was the subject-matter of the original suit filed by the appellant herein in O.S. No. 800 of 2007, wherein, amongst other things, the appellant prayed for a declaration that the order of his removal from the 1st respondent-Trust is, illegal, invalid and without jurisdiction and for consequential relief of permanent injunction, restraining the defendants-respondents herein from interfering with the functioning/discharging of this duties as trustee of the "Trust" and for other reliefs.

2. An application was also filed under Order 39, Rules 1 and 2 of Civil Procedure Code, 1908 (I.A. No. 1) in the said suit, seeking the relief of temporary injunction against the respondents. The learned Trial Judge, after hearing the parties dismissed the said I.A. No. I giving raise to this appeal.

3. I have heard the learned Counsel for the parties and perused the material on record.

4. Sri









































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