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2023 Supreme(Kar) 377

SURAJ GOVINDARAJ
Narasimhalu Nandini Memorial Education Trust – Appellant
Versus
Janatha Trust, A Charitable Trust – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Shivakumar Kalloor, Advocate

ORDER :

1. The petitioners are before this Court seeking for the following reliefs:

    "a) Issue a writ of certiorari quashing the impugned order Annexure-E passed by the Addl. Civil Judge and JMFC-III, Raichur dated 31.03.2022 in O.S.No.263/2021, in the interest of justice and equity.

b) Issue any writ or order or directions as this Hon'ble Court deems fit in circumstances of the case, in ends of justice and equity"

2. The respondent-Janatha Trust, a Public Charitable Trust had filed a suit in O.S.No.263/2021 before the Additional Civil Judge and JMFC-III at Raichur, seeking for a permanent injunction against the petitioners herein and others from interfering with the peaceful possession of the suit land in Sy.No.21 measuring 37 guntas of Rampur village.

3. The petitioners had filed their written statement and subsequently, filed an application under Section 92 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') on 20.12.2021 contending that without permission being obtained in terms of Section 92 of CPC, a suit could not have been instituted by a Public Charitable Trust against the petitioners arraying as defendants.

4. The said application came to be dismis

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