Point of Law: Section 25 of Act which reads as enquiry by Registrar, etc.

JUDGMENT :

These appeals are filed under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908, praying this Court to set aside the order dated 16.06.2023 passed by the VI Additional City Civil & Sessions Judge (CCH-11) at Bengaluru City, on I.A.No.1 in O.S.No.3590/2023. Consequently, allow the application and grant the relief as sought therein and pass such other order or directions as this Court deem fit and proper in the facts and circumstances of the case and allow the Miscellaneous First Appeals.

2. The appellants in MFA No.4320/2023 are the plaintiffs have filed a suit for the relief of declaration to declare that the alleged resolution dated 09.06.2023 referred to in a paper publication dated 10.06.2023 published in Vijayavani Kannada Daily Newspaper and notice dated 09.06.2023 issued by the defendant as illegal, null and void and non-est and issue a consequential direction that the same shall not be given effect to or implemented; declare that the alleged Meeting dated 09.06.2023 referred to in the Paper Publication dated 10.06.2023 in Vijayavani Kannada Daily News Paper as well as notice dated 09.06.2023 as illegal, null and void and consequently, restrain defendant from acting upon, giving effect to or implementing any decisions taken thereat; declare that the defendant has acted illegally and without authority of law in calling a meeting of the executive committee of the Plaintiff Sangha on 17.06.2023; restrain the defendant, his servants or agents or anyone claiming through or under him from interfering with the right of the Plaintiff No.3 in discharging his duty as General Secretary of Plaintiff No.1-Sangha; grant costs of these proceedings and pass such other order as this Court deems fit to grant in the interest of justice and equity. Inter alia sought for an order of temporary injunction restraining the defendant from giving effect to and implementing the alleged resolution dated 09.06.2023 referred to in a paper publication dated 10.06.2023 published in Vijayavani Kannada Daily Newspaper as well as notice dated 09.06.2023 issued by the defendant, pending disposal of the suit in the interest of justice and equity. Being aggrieved by the rejection of I.A.No.1, the present appeal is filed.

3. The appellants in MFA No.4319/2023 are not the plaintiffs and also not parties to the suit, but they claims that the first appellant is a Vice-President and the second appellant is a Treasurer of Rajya Vokkaligara Sangha (‘the Sangha’ for short) and while filing the application, a leave is sought on the ground that they are the Vice-Presidents and Treasurer and their right is prejudiced in passing such resolution. Hence, this Court granted leave to file the appeal and they also sought a similar order to set aside the order passed by the Trial Court on I.A.No.1 and consequently allowed the same.

4. The appellants in MFA No.4445/2023 are also not the parties to the original suit and they claims that they are the Directors of the Sangha. In view of the resolution dated 09.06.2023 and their rights is prejudiced and they also sought to grant leave to file the present appeal.

5. This Court having considered the grounds urged in the application granted leave to file an appeal vide order dated 04.07.2023 and they also sought for a similar order to set aside the order passed by the Trial Court on I.A.No.1 and consequently allowed the appeals.

6. The appellants in MFA No.4320/2023 also filed an application to implead some of the directors of the Sangha to implead them that they are the necessary parties to this appeal and this Court ordered to serve the notice on the proposed respondents and only the proposed respondent, who claims that who has been elected as President of the Sangha, represented through the Counsel and other proposed respondents though have been served they did not choose to engage a Counsel or appeared in person. Hence, this Court held service of notice against them is sufficient and allowed the impleading application