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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
S. Panchalingu, S/o. Late Singrigowda – Appellant
Versus
People’s Education Trust (R), Represented By Its Secretary S.L. Shivaprasad – Respondent
| Table of Content |
|---|
| 1. overview of the parties and context of the case. (Para 1 , 3 , 4) |
| 2. arguments regarding the court's power to issue interim orders. (Para 5 , 6 , 7) |
| 3. identification of key legal issues in the case. (Para 8 , 9) |
| 4. discussion of jurisdictional requirements under section 92 of the cpc. (Para 10 , 11 , 12) |
| 5. (Para 13) |
| 6. details on the necessity of leave for proceedings under section 92 cpc. (Para 14) |
| 7. final conclusion regarding the validity of previous orders and jurisdiction. (Para 15) |
| 8. order dismissing and allowing respective writ petitions. (Para 16) |
ORDER :
(M. NAGAPRASANNA, J.)
The parties to the lis in the batch of these petitions, are common. The grievance relates to certain orders passed by Principal District and Sessions Judge, Mandya in Miscellaneous No.26 of 2025. Petitioners/defendants in few of the cases and petitioners/plaintiffs, in other cases are before this Court calling in question orders dated 02-05-2025 and 11-06-2025 passed in the aforesaid miscellaneous petition by the District Court.
2. Heard Smt Sruti Chaganti, learned counsel appearing for petitioners in W.P.No.16971 of 2025 and respondents 1 to 3 in W.P.No.17445 of 2025; Smt Maitreyi Krishna
Leave under Section 92 CPC is essential to establish jurisdiction for a scheme suit; without it, interlocutory orders are void.
The court established that an order granting leave under Section 92 of CPC is judicial and subject to revision, contrary to previous interpretations.
An order granting leave under Section 92 of CPC is a judicial order, subject to revision, and requires necessary parties to be impleaded and interests to be established.
The amendment incorporating 'leave of the Court' in Section 92 of the CPC does not impact the jurisdiction already conferred upon the Sub Court by a notification issued in 1966.
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.
A public trust registered as a society under the Tamil Nadu Societies Registration Act can still be managed under Section 92 of the CPC, allowing civil court intervention for breach of trust allegati....
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
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