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RAVI V. HOSMANI
G. S. SUDHARSHAN S/O LATE G. N. SRIRAMU – Appellant
Versus
GRAMA SEVA SANGHA TRUST – Respondent
JUDGMENT :
RAVI V. HOSMANI, J.
1. Challenging order dated 03.11.2023 passed by Principal City Civil and Sessions Judge, Bengaluru, in Misc. No. 346/2022 under Section 92 of Code of Civil Procedure, 1908 (‘CPC’ for short), this appeal is filed.
2. Sri M.R.Rajagopal, learned Senior Counsel appearing for Sri Raghu Prasad B.S., advocate for appellants submitted appeal was by petitioners in Misc. No. 346/2022 filed under Section 92 of CPC praying for grant of leave to institute a suit for removal of trustees, appointment of new trustees, administrator and for setting a scheme in respect of respondent no. 1, namely Grama Seva Sangha Trust (“Trust” for short), a public trust managing Dodda Mavalli Bilsilu Maramma Temple (‘temple’ for short) situated at no. 12, Mavalli main road, Mavalli, Bengaluru.
3. It was submitted, petitioners were residents of Mavalli village and devotees of deity ‘Maramma’ and had concern for temple and its properties. It was submitted most of respondents no. 2 to 11 were leading luxurious life even without any avocation, job or business, which clearly signified that they were misusing funds of temple for their own benefits. Hence, with intention to protect temple and i
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
A Trust can seek relief under Section 92 CPC when it is a party to the proceedings alongside interested individuals, especially in cases of alleged mismanagement.
A suit under Section 92 of CPC must serve public interest and establish breach of trust; claims of personal grievances cannot sustain such suits.
The main legal point established in the judgment is the requirement to file an application under Section 92 C.P.C. for managing public trusts involving public charity, and the necessity to implead th....
A suit under Section 92 of the CPC can only be filed against a trust and not by a trust itself; claims that are personal in nature do not qualify for relief under this section.
The suit under Section 92 of the CPC is maintainable as the Sabha is deemed a public Trust, enabling remedial actions against mismanagement despite being registered as a Society.
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