ORDER :

In these writ petitions, order dated 18.04.2013 passed by Civil Judge (Jn.Dn.,) Belur-Annexure-V in O.S.No.123/2012 allowing the application filed by the plaintiffs under Order 39 Rule 1 and 2 of CPC and dismissing the application filed by defendants 2 and 5 to 9, which came to be confirmed in M.A.No.13/2013 on 05.12.2016 by the Senior Civil Judge & JMFC, Belur – Annexure-Y has been called in question by defendants 2 and 5 to 9.

2. Parties are referred to as per their rank in the trial Court.

3. Plaintiffs have instituted a suit in O.S.No.123/2012 against the defendants for the following relief’s.

“(a) Declaration declaring that the 2nd defendant is not entitle to act as the President of the 3rd Defendant Society, that the Defendants 6 to 9 are not entitle to act as members of the Executive Committee of the 3rd Defendant Society and that the alleged reconstitution of the committee as inserted and other insertions from the bottom half of page No.96 to 99 in the proceedings book of the 3rd defendant Society of the meeting of 03.04.2012 is illegal, null and void.

(b) Grant Permanent Injunction restraining 2nd defendant from acting as the President of the 3rd Defendant Society, restraining the defendant Nos. 6 to 9 from acting as members of the Executive Committee of the defendant society, restraining the defendants from giving effect to or acting upon in any manner the so called proceedings of the General Body Meeting of the 3rd Defendant Society which is recorded at the bottom of half of pages 96 to 99 of the proceedings book of the Annual General Body Meeting of the 3rd Defendant Society.”

(i) It was contended by the plaintiffs that they are members of “Sri Vaishnava Ghoshti”a society registered under the Karnataka Societies Registration Act, 1960 and though it was formed in the year 1950, same came to be registered in the year 1994 and the object of society is to spread the knowledge and glory of Vishistadvaitha Darshana and Sampradaya of Swamy Ramanujacharya, apart from celebrating festivals and functions and rendering assistance to devotees of Sri. Channakeshava Swamy Temple, Belur, who would be attending annual car festival and performing sevas at the said temple amongst other objects.

(ii) It was further contended that as per Memorandum of Association, management and affairs of the society vests with the executive committee consisting of 15 members comprising President, Vice President, Secretary, Joint Secretary cum Treasurer and 11 members to be elected by the General Body of the members once in three (3) years. It is further contended by the plaintiffs that first defendant was functioning as President, second defendant as Vice President, fourth defendant as Secretary and fifth defendant as Joint Secretary and Treasurer apart from other members discharging their duties as members of the Executive Committee.

It is further stated that Executive Committee resolved to hold Annual General Body meeting on 03.04.2012 during the annual car festival being conducted at Belur and accordingly, the meeting was held and first defendant, as the President of the society, had expressed his desire to lay down his office due to his advanced age and being away at United States of America. It is also contended that he was dissuaded by the General Body of members from resigning and at the same meeting, the members who were present approved the accounts of the society including the income and expenditure, after which the meeting came to be concluded on the said date i.e., on 03.04.2012. It is further contended that there was no other subject in the agenda to be discussed and as such, the General Body meeting came to be concluded and minutes of the meeting came to be recorded in the minutes book maintained for the said purpose. Plaintiffs further contend that members who were present at the General Body meeting had affixed their signatures at the conclusion of the meeting and thereafter second defendant had taken the proceedings book from the cu