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2022 Supreme(Kar) 1272

SACHIN SHANKAR MAGADUM
Andrews Education Society – Appellant
Versus
Allan Mohan Gnanakan – Respondent


Advocates appeared:
K.L.Patil, Advocate, Shreevatsa S.Hegde, Advocate, A.A.Kalebudde, Advocate

JUDGMENT

1. The captioned three appeals arise out of common judgment rendered in O.S.No.267/1999 and O.S.No.436/1999. All these three captioned appeals are filed by the plaintiff. RSA.No.2831/2007 arises out of judgment and decree passed in O.S.No.267/1999 and R.A.No.3/2004. RSA.No.2832/2007 is filed questioning the judgment and decree passed in O.S.No.436/1999 and R.A.No.4/2004. RSA No.2833/2007 arises out of judgment and decree passed in O.S.No.267/1999 and R.A.No.84/2005.

2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.

3. The plaintiff is an Educational Society registered under the provisions of the Karnataka Co-operative Societies Act, 1959. One Shri O.S.Aiman claiming to be its Chairman has filed two suits. O.S.No.267/1999 is filed seeking permanent injunction against the sole defendant. O.S.No.436/1999 is also filed by the Chairman seeking declaration to declare the act of locking the office premises of the school building by the defendants on 30/8/1999 as illegal and further to declare the power of attorney dtd. 6/12/1997 executed by defendant Nos.2 and 3 in favour of defendant No.1 as illegal and consequential relief of manda

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