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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 46328 OF 2016 (GM-CPC)
C/W WRIT PETITION NO. 39349 OF 2016 (GM-CPC)
IN W.P.NO.46328/2016 BETWEEN:
1. SRI. S.R. SHIVASHANKAR, HON. TREASURER, AGED ABOUT 66 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27
2. SRI. H.M. VENKATACHALAIAH HON. JOINT SECRETARY, AGED ABOUT 60 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27 Digitally signed by
3. DR. S. NARAYANA SWAMY, PAVITHRA N EXECUTIVE COMMITTEE MEMBER, Location: h igh court of AGED ABOUT 66 YEARS, karnataka M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27
4. SRI. V.C. CHALUVEGOWDA, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 63 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27
5. SRI. S. SRIRAMULU EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 59 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27
6. SRI. SRINIVASA MURTHY, COMMITTEE MEMBER, AGED ABOUT 67 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27
7. SRI. VENKATESHAIAH, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 63 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27
8. SRI. B.S. JAYA SHIVA PRAKASH, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 68 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27
9. SRI. FIYAZ AHMED .M.
EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 63 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, BANGALORE - 27 P1, P3, P4, P5 TO P9 SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONERS (BY SRI: VISHWANATH R. HEGDE, ADVOCATE V/O DT. 11/8/21 BRINGING LRS OF DECEASED P3 IS NOT REQUIRED)
AND:
1. SRI. P.S. NAIDU, CHAIRMAN, AGED ABOUT 71 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE
2. DR. K. KAMALNATH VICE - CHAIRMAN, AGED ABOUT 62 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE
3. DR. NARAYAN M. SAVANTH, HON. GEN. SECRETARY, AGED ABOUT 62 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE 4. SRI. R. JAMES, HON. JOINT. SECRETARY, AGED ABOUT 63 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE
5. DR. JAGADISH L. MENDA, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 63 YEARS, M/S. ST. JOHN AMBULANCE, 6. SRI. S. JAYAKUMAR, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 66 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE
7. SMT. M.S. PADMAJA, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 50 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE
8. SRI. M. GOVINDARAJU, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 60 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE
9. SRI. S. HARISH, S/O. D.M. SRINIVASAIAH, AGED ABOUT 39 YEARS, DODDAJALA, NEAR MIDDLE SCHOOL, BANGALORE NORTH TALUK, BANGALORE - 562 157
10. M/S. ST. JOHN AMBULANCE, SAMPANGIRAMANAGAR, BANGALORE - 560 027.
BY ITS SECRETARY, J. DR. NO. 3 R1 TO R8 ARE/AT SAMPANGIRAMANAGAR, BANGLAORE - 27, KARNATAKA STATE.
…RESPONDENTS (BY SRI: S.V. BHAT, ADVOCATE FOR C/R9 V/O DT.11/8/21 BRINGING LRS OF DECEASED R3 IS NOT REQUIRED SRI. T.B. KIRAN KUMAR, ADVOCATE FOR R1, 4, 7 & 8 (VK NOT FILED) (ABSENT)
SRI: N.S. NARASIMHAMURTHY, ADVOCATE FOR R2 (VK NOT FILED) (ABSENT), NOTICE NOT ORDERED IN R/O R10 PETITION AGAINST R5 IS ABATED V/O DT.12/1/23 R6 SERVED - UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMON ORDER PASSED BY THE VII. ADDL. CITY CIVIL JUDGE, (CCH-19) BANGALORE DTD:18.6.2016 IN EX.NO.2876 OF 2015 ON IA NO.4 AND ALLOW IA NO.4 AS PRAYED FOR BY THE PETITIONERS (VIDE ANNEXURE-E). SET ASIDE THE COMMON ORDER PASSED BY THE VII. ADDL. CITY CIVIL JUDGE, (CCH-19) BANGALORE DTD:22.8.2016 IN EX.NO.2876 OF 2015 ON IA NO.6, 7 AND ALLOW SAID APPLICATIONS AS PRAYED FOR BY THE PETITIONERS (VIDE ANNEXURE-H) AND ETC., IN W.P.NO.39349/2016 BETWEEN:
SRI. S. HARISH, S/O. D.M. SRINIVASAIAH, AGED ABOUT 39 YEARS, DODDAJALA, NEAR MIDDLE SCHOOL, BANGALORE NORTH TALUK, BANGALORE - 562 157 …PETITIONER (BY SRI: S.V. BHAT, ADVOCATE)
AND:
1. SRI. P.S. NAIDU, CHAIRMAN, AGED ABOUT 70 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
2. DR. K. KAMALNATH VICE - CHAIRMAN, AGED ABOUT 61 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
3. DR. NARAYAN M. SAVANTH, HON. GEN. SECRETARY, AGED ABOUT 61 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
4. SRI. S.R. SHIVASHANKAR, HON. TREASURER, AGED ABOUT 65 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
5. SRI. H.M. VENKATACHALAIAH HON. JOINT SECRETARY, AGED ABOUT 59 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
6. SRI. R. JAMES, HON. JOINT. SECRETARY, AGED ABOUT 62 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
7. DR. S. NARAYANA SWAMY, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 65 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027. 8. DR. JAGADISH L. MENDA, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 62 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
9. SRI. V.C. CHALUVEGOWDA, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 62 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE- 560 027.
10. SRI. S. SRIRAMULU EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 58 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027. 11. SRI. SRINIVASA MURTHY, COMMITTEE MEMBER, AGED ABOUT 66 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
12. SRI. S. JAYAKUMAR, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 65 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
13. SRI. VENKATESHAIAH, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 62YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
14. SRI. B.S. JAYA SHIVA PRAKASH, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 67 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
15. SRI. FIYAZ AHMED .M.
EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 62 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
16. SMT. M.S. PADMAJA, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 49 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
17. SRI. M. GOVINDARAJU, EXECUTIVE COMMITTEE MEMBER, AGED ABOUT 59 YEARS, M/S. ST. JOHN AMBULANCE, KARNATAKA STATE - 560 027.
18. M/S. ST. JOHN AMBULANCE, KARNATAKA STATE, SAMPANGIRAMANAGAR, BANGALORE - 560 027.
BY ITS SECRETARY J.DR.NO.3 ALL ARE AT SAMPANGIRAMANAGAR, BANGLAORE, KARNATAKA STATE - 560 027.
…RESPONDENTS (BY SRI: VISHWANATH R. HEGDE, ADVOCATE FOR R4, 5, 7, 9 TO 15 SRI. T.B. KIRAN KUMAR, ADVOCATE FOR R1, R3, R6, R16 & 18 & 17 (ABSENT), SRI: N.S. NARASIMHA SWAMY, ADVOCATE FOR R2 (ABSENT), R8 SERVED - UNREPRESENTED V/O DT.11/8/21, BRINGING LRS OF DECEASED R3 & R7 NOT REQUIRED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE VII ADDL. CITY CIVIL JUDGE, BANGALORE DTD:18.6.2016 IN EX.NO.2876 OF 2015 ON I.A.2 & 4 AND ALLOW I.A.2 AS PRAYED FOR BY THE PETITIONER AT ANNEX-M AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
Judgment debtor Nos.4, 5, 7, 9, 10, 11, 13 to 15 have preferred Writ Petition No.46328/2016 impugning the order dated 18.06.2016 partly allowing IA No.4 in Execution Case No.2876/2015 on the file of the learned VII Addl. City Civil Judge, Bangalore, rejecting the claim of the petitioners for conducting the adjourned 94th Annual General Body Meeting by appointing the Court Commissioner and also the order dated 22.08.2016 rejecting IA Nos.6 and 7 and refusing to review the said order and for granting stay.
2. The decree holder in very same Execution Case No.2876/2015 has preferred Writ Petition No.39349/2016 impugning the order dated 18.06.2016 dismissing IA No.2 seeking appointment of Court Commissioner as stated above.
3. Heard Sri.Vishwanath R Hegde, learned counsel for the petitioners and Sri. S.V.Bhat, learned counsel for caveator respondent No.9. Learned counsel for other respondents are absent. No representation. Hence, their arguments is taken as nil. Perused the materials on record.
4. Learned counsel for the petitioners in both the cases submitted that initially the decree holder as plaintiff filed OS.No.1277/2006 against the judgment debtors seeking the decree for mandatory injunction i.e., to direct the defendants to hold the adjourned 94th Annual General Body meeting of defendant No.19 as per the calendar of events. The said suit was contested by defendant Nos.1 to 3. Whereas, other defendants have concurred with the plaintiff and sought for passing of the decree. After full-fledged trial, the suit came to be decreed vide judgment and decree dated 29.08.2015 and directing the defendants to hold the adjourned 94th Annual General Body meeting of the executive committee of 19th defendant immediately with fresh calendar of events in accordance with law. The said judgment and decree reached finality. Inspite of that, no Annual General Body Meeting as directed was held. Even though, the other defendants were willing to hold the Annual General Body meeting, it was due to the high handed acts of defendant Nos.1 to 3, no such meeting was conducted. Therefore, the decree holder approached the executing Court by filing Execution Case No.2876/2015 on the file of the learned VII Additional City Civil Judge, Bengaluru seeking to execute the decree in accordance with law.
5. During the pendency of execution case, the decree holder filed IA No.2 seeking appointment of Court Commissioner, who is competent and having knowledge to hold the adjourned 94th Annual General Body Meeting from the stage, where it was stopped. At the same time, the judgment debtor Nos.4, 5, 7, 9, 10, 11, 13 to 15 have filed similar application IA No.4 praying for similar relief. The executing Court considered both these applications and allowed the same in part, however, rejecting the claim of the decree holder and the judgment debtors for appointment of Court Commissioner to hold General Body Meeting immediately. But on the other hand, while allowing the applications, it has held that fresh direction is to be issued to judgment debtor Nos.1 to 3 to hold such meeting within three months and only if they failed to do so, the decree holder and judgment debtors can seek appointment of Court Commissioner.
6. Learned counsel for the petitioners submitted that these findings recorded by the trial Court is against the findings recorded by the trial Court while decreeing the suit, where the Court has specifically held that there is a need to hold the adjourned 94th Annual General Body Meeting from the stage at which, it was stopped. Otherwise, interest of the institution would suffer. Learned counsel further submitted that when the petitioners insisted for holding the meeting as directed by the trial Court, judgment debtors Nos.1 to 3 have communicated that the membership of decree holder is transferred to some other centre and the Judgement debtors who requested for holding such meeting are expelled from membership. Thus, the act of contesting judgment debt
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