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.

4

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

5

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

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.

7

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 on 23.09.2002, plaintiff was given jangama deekshe at

Kollegal and he was named as Poojya Sri Channabasavananda

Swamiji. Between years 2002 and 2005, Mate Mahadevi

deputed plaintiff to various places with special task of

conducting pravachanas and propagating Basava Dharma. He

also organized Lingayath Dharma conference during October

2005 and Bas