IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 33705 OF 2025 (GM-CPC)

BETWEEN:

1. MR. KIRAN M.

SON OF LATE MUKUNDAPPA AGED ABOUT 47 YEARS RESIDING AT NO.178

7^TH CROSS, 5^TH B MAIN RPC LAYOUT VIJAYANAGAR 2^ND STAGE BENGALURU- 560 040.

…PETITIONER (BY SRI K.S.HARISH, ADVOCATE)

AND:

1. VIJAYANAGARA CLUB A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 NO. 1-4, 1^ST MAIN Digitally signed 4^TH 'A' CROSS, HAKKA ROAD by HAMPINAGARA GAVRIBIDANUR VIJAYNAGARA 2^ND STAGE SUBRAMANYA GUPTA BENGALURU- 560 104 SREENATH REPRESENTED BY ITS Location: HIGH MANAGING COMMITTEE COURT OF PRESIDENT AND SECRETARY KARNATAKA …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH BY WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTION IN THE NATURE OF WRIT, THE ORDER DATED 31.10.2025 PASSED BY XIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-28) IN REFUSING TO GRANT AN AD-INTERIM EX-PARTE ORDER OF TEMPORARY INJUNCTION ON I.A.NO.1 AND I.A.NO.2 IN O.S.NO.7568/2025, PER ANNEXURE A AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned counsel for petitioner.

2. Learned counsel for petitioner restricts this petition to the order passed on IA.No.1 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC and seeks liberty to file a separate petition on the order passed on IA.No.2 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for altering or in any manner changing the physical nature of the suit schedule property.

3. This petition is filed by the petitioner-plaintiff seeking following reliefs:

"WHEREFORE, it is prayed that this Hon'ble Court may be pleased to grant the following relief:

a) Quash by writ of certiorari or any other appropriate writ or order direction in the nature of writ, the order dated 31.10.2025 passed by the XIV Additional City Civil & Sessions Judge, Bangalore (CCH-28) in refusing to grant an Ad- Interim Ex-parte Order of Temporary Injunction on I.A no.1 & I.A No.2 in O.S No.7568/2025, per Annexure A;

b) Consequently grant an order of ex-parte ad-interim order as prayed for on I.A No.1 (Annexure 'L') & I.A No.2 (Annexure 'M') in O.S No.7568/2025 on the file of the XIV Additional City Civil & Sessions Judge, Bangalore (CCH-28);

c) Such other and further relief as may be just and necessary in the interest of justice."

4. The petitioner is the plaintiff in O.S.No.7568/2025.

He filed a suit for declaration to declare that the Special General Body Meeting of the respondent-Society held on 28.09.2025 and all acts done in pursuance of the said meeting are illegal and other consequential reliefs. Along with the plaint, the plaintiff filed two applications under Order XXXIX Rules 1 and 2 read with Section 151 of CPC.

5. It is the grievance of the petitioner that the Managing Committee of the respondent-Society issued a notice calling for a Special General Body Meeting that was scheduled to be held on 28.09.2025 at 10.00 a.m. at Chikkanna Auditorium, Bengaluru. He further contends that the said notice is defective for the reason that Rules 31(3) and 33 of the Bye-laws prescribes clear 21 days notice excluding the date of the meeting for considering amendment or alterations or substitution of any clause of the Bye-laws.

6. Learned counsel for petitioner further contends that the respondent-Society listed Agenda No.3 proposed several major amendments to the Bye-laws as stated in the notice includes enrollment of new membership (Rules 4 and 6), revision in subscription fees (Rule 15), coverage charge (Rule 15) and changes to the management rules (Rule 21) etc. Further, Agenda No.4 for construction of multi-level car parking on the existing car parking area as well as existing Tennis Courts and construction of a new Tennis Court on the fir