ORDER

This petition is directed against the impugned order dated

23.11.2023 passed in Misc.No.260/2023 by the Prl. District & Sessions Judge, Davanagere, (for short, the ‘Trial Court’) whereby the issue regarding maintainability of the petition filed by the respondents against the petitioners was answered against the petitioners, by the Trial Court.

2. Heard learned counsel for the petitioners and perused the material on record.

3. The material on record discloses that the respondents instituted the aforesaid proceedings Misc.No.260/2023 invoking Section 92 CPC and sought for several reliefs in relation to the 1st petitioner – Trust. The 1st respondent is a practicing advocate, who entered appearance not only on behalf of himself but also on behalf of the respondents herein, who were the remaining petitioners in the petition before the Trial Court. The petitioners herein raised objections regarding maintainability of the petition filed by the respondents on the ground that the 1st respondent herein who was the 1st petitioner in Misc.No.260/2023 was not entitled to file / prosecute the petition on behalf of himself as well as the remaining petitioners before the Trial Court in the ligh