IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 13204 OF 2018 (GM-CPC)

BETWEEN:

SRI JAGADEESH S.

S/O G. SRINIVASULU AGED ABOUT 44 YEARS R/AT NO.98, MARUTHI INDUSTRIAL ESTATE, PEENYA 2^ND STAGE, BENGALURU - 560058.

…PETITIONER (BY SRI. PRAVEEN HEGDE, ADV.)

AND:

1. DR. GONCHIGARI NARAYANA S/O LATE GIRIYAPPA AGED ABOUT 68 YEARS R/AT NO.8, RED OAK PORT Digitally signed by LAKSHMINARAYAN N MOLINI, ILLINOIS-61265 Location: HIGH COURT OF KARNATAKA UNITED STATE OF AMERICA AT PRESENT R/AT NO.16/21, 3B, PEARL PALACE APARTMENT PALACE CROSS ROAD BENGALURU - 560020

2. SMT JAYANTHI NARAYANA W/O DR. GONCHIGARI NARAYANA AGED ABOUT 60 YEARS R/AT NO 8, RED OAK PORT MOLINI, ILLINOIS - 61265 UNITED STATE OF AMERICA AT PRESENT R/AT NO 16/21, 3B PEARL PALACE APARTMENT PALACE CROSS ROAD BENGALURU - 560040

3. MISS PRIYADARSHINI NARAYANA D/O DR. GONCHIGARI NARAYANA AGED ABOUT 60 YEARS R/AT NO 8, RED OAK PORT MOLINI, ILLINOIS - 61265 UNITED STATE OF AMERICA AT PRESENT R/AT NO.16/21, 3B, PEARL PALACE APARTMENT PALACE CROSS ROAD, BENGALURU - 560020 REP. BY ITS GPA HOLDER SMT. JAYANTHI NARAYANA W/O DR. GONCHIGARI NARAYANA 4. SMT ANASUYA RAMAKRISHNA W/O G. RAMAKRISHNA AGED ABOUT 55 YEARS R/AT NO 1344, 3^RD CROSS, MRHB COLONY, VIJAYANAGAR NORTH, BENGALURU - 560079.

5. MISS SHILPA RAMAKRISHNA D/O G. RAMAKRISHNA AGED ABOUT 32 YEARS R/AT NO 1344, 3^RD CROSS, MRHB COLONY, VIJAYANAGAR NORTH, BENGALURU - 560079

6. SRI S Y KUMAR S/O SANNAVEERAPPA AGED ABOUT 44 YEARS R/AT HULIGERE VILLAGE, MADHULURU POST SIRA TALUK, TUMKUR DISTRICT-572137.

7. SRI N R RAJANNA S/O RANGANATHAPPA AGED ABOUT 33 YEARS R/AT NO.99/E, 16^TH MAIN, VIJAYANAGARA, BENGALURU - 560040.

8. SRI SANNAVEERAPPA S/O LATE THIMAPPA AGED ABOUT 77 YEARS R/AT HULIGERE VILLAGE MADHULURU POST SIRA TALUK-572137 TUMKUR DISTRICT

9. SRI VENAKTESHWARA EDUCATION TRUST NO.96, SRI MARUTHI INDUSTRIAL TOWN, PEENYA 2^ND STAGE BENGALURU - 560058 REP. BY ITS SECRETARY SRI S. JAGADEESH …RESPONDENTS (BY SRI. H.N.SHASHIDHARA, SR. COUNSEL FOR SRI. H.S. SUHAS, ADV. FOR R1 TO R5, R6 - SERVED AND UNREPRESENTED, V/O DT: 25/10/2023 NOTICE TO R7 D/W, V/O DT: 25/10/2023 STEPS TO BRING LR's OF DECEASED R8 D/W V/O DT: 3/6/2022 NOTICE TO R9 D/W.)

THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD: 03.03.2018 IN O.S.NO.1784/2012 PASSED BY THE HON'BLE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE [CCH NO.16] IN REJECTING [I.A.NO.12] VIDE ANNEXURE-F ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

The present writ petition is by defendant No.1, in suit in O.S.No.1784/2012 pending consideration on the file of XVII Additional City Civil and Sessions Judge, Bengaluru (CCH-16) ('Trial Court' for short) being aggrieved by the order dated 03.03.2018 passed on IA No.12 filed by him under Order XIV Rule 5 r/w Section 151 of Code of Civil Procedure.

2. The above suit is filed by the plaintiffs who are respondent Nos.1 to 5 herein seeking for the following reliefs:

(a) Directing the defendant No.1 to furnish books of accounts right from August 2005 till today, in respect of Sri. Venkateshwara Education Trust registered on 10.08.2005;

(b) For permanent injunction restraining defendants or anybody claiming under or through them from in any manner interfering with the affairs of Sri. Venkateshwara Education Trust and its Institutions;

(c) To remove defendant No.1 as Trustee as well as Secretary of Sri. Venkateshwara Education Trust;

(d) Declare that the action of the defendants in registering the document No.65/2007-08 dated 21.01.2008 amending the revoked Trust deed dated 03.08.2002 and subsequent action thereof, are null and void;

(e) Of scheme for Sri.Venkateshwara Education Trust and (f) To grant such other reliefs that this Hon'ble Court deems fit and proper in the facts and circumstances of the case, including the