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HIGH COURT OF KARNATAKA
MR. RAVI V. HOSMANI, J
SRI. JAGADGURU CHANNABASAVANANADA SWAMIJI – Appellant
Versus
BASAVADHARMA PEETHA RELIGIOUS & CHARITABLE TRUST – Respondent
| Table of Content |
|---|
| 1. introduction of the appeal and context. (Para 1 , 2) |
| 2. background information on trust and plaintiff's role. (Para 3 , 4 , 5) |
| 3. discussion on principles of natural justice. (Para 10 , 30) |
| 4. arguments regarding plaintiff's removal and due process. (Para 15 , 16 , 18 , 21) |
| 5. conclusion emphasizing adherence to trust law. (Para 39 , 46) |
JUDGMENT
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.
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;
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 re
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