Trusteeship removal requires adherence to due process as prescribed in the Trust Deed, protecting the rights of trustees against arbitrary expulsion.

JUDGMENT

Challenging impugned order dated 01.07.2022 passed by VIII Additional City Civil and Sessions Judge (CCH-15) at Bengaluru in O.S.no.996/2022 on I.A.no.1 filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 (for short ‘CPC), this appeal is filed.

2. Appellant herein was plaintiff, while respondents herein were defendants no.1 to 6 respectively. For sake of convenience they will be referred to as such.

3. O.S.no.996/2022 was filed seeking for:

a. declaration that expulsion of plaintiff from defendant no.1 – Trust stated to have been made by defendants on basis of resolution stated to be made on 04.12.2021 and Deed of Amendment of Trust dated 07.01.2022 and registered as document no.594/2021-22, Book no.4, stored in CD.no.RJND-1059 and registered in office of Sub Registrar, Rajajinagar, Bangalore as null and void and not binding on plaintiff and plaintiff continues to be Trustee of defendant no.1;

b. restrained defendants from enforcing resolution dated 04.12.2021 and Amendment of Trust dated 07.01.2022 and registered as document no.594/2021-22, Book no.4, stored in CD.no.RJND-1059 and registered in office of Sub Registrar, Rajajinagar, Bangalore against plaintiff in interest of justice.

4. In said suit, plaintiff filed I.A.no.1 under Order XXXIX Rule 1 and 2 for grant of temporary injunction restraining defendants from enforcing resolution dated 04.12.2021 and Amendment of Trust dated 07.01.2022, and registered as document no.594/2021-22, Book no.4, stored in CD.no.RJND-1059 and registered in office of Sub-Registrar, Rajajinagar, Bangalore against plaintiff.

5. In affidavit filed in support of application, it was stated that a religious and charitable Trust was established by name 'Basava Dharma Peetha Religious and Charitable Trust' as per registered Trust Deed dated 06.03.2008, authored by Poojya Sree Jagadguru Mate Mahadevi (referred to as ‘Mate Mahadevi’ for short), who was its founder – President and permanent trustee. Defendants no.2 to 4 were appointed as Trustees by her. It was stated that main object of Trust was to propagate preaching of philosophy of Guru Basavanna and of his contemporary sharanas. For said purpose, Trust Deed provided for adoption of various schemes and ways. It also provided for construction of Basava Mantapas for mass prayers and various activities for spreading Lingayath Dharma.

6. It was further stated that plaintiff was born on 06.08.1971 at Khatak Chincholi village, Balki Taluk to Sri.Mallaiah Swami Dakulage and Smt.Kasturi Bai. He was administered Lingadeekshe by late Poojya Jagadguru Ligananda Mahaswamiji at Basava Mantappa in Bidar during April 2008, when he was 16 years of age. Thereafter, he took active part in activities conducted at Basava Mantappa; he was also very keen on preachings of Basavanna. After completing graduation during year 1993-94, he was totally dedicated in serving community by giving pravachanas and taking part in all activities conducted by Rastriya Basavadala Organization. With intention of entering sanyasa ashrama, he joined Akka Mahadevi Ashrama at Dharwad. He was given sadhaka deekshe at said ashrama during year 1996 with blessings of Mate Mahadevi. During October 1996, he was sent by her to Delhi with object of establishing Basava Dharma Peetha at Delhi. For said purpose he took house on rent. Thereafter defendant no.2 and other Shisya Vrunda joined him.

Thereafter they engaged in preaching Basava Dharma and organized Basava Dharma conference at Delhi during October 1997. Thereafter plaintiff was recalled to Karnataka and given responsibility of organizing various activities. It was further stated