G T Kumar, S/O Late Sri. G. A Thimmappagowda v. Malnad Technical Education Society
2026-01-05
S.R.KRISHNA KUMAR
body2026
DigiLaw.ai
ORDER : S.R. KRISHNA KUMAR, J. In W.P.No.1/2026, petitioners seek the following reliefs: “a) Issue a Writ of Certiorari and quash the order dated 19.12.2025 passed in M.A.No.26/2025 by the Addl. Senior Civil Judge and CJM, Hassan at Annexure-N; b) Issue a Writ of Mandamus and direct the Addl. Senior Civil Judge and CJM, Hassan in MA No.26/2025 to consider IA No.1 Order 39 Rule 1 and 2 CPC, at Annexure- J1; c) Grant such other relief/s that this Hon’ble Court deems fit in the facts and circumstances of the above case.” In W.P.No.5/2026, petitioners seek the following reliefs: “a) Issue a Writ of Certiorari and quash the order dated: 19.12.2025 passed in M.A.No.25/2025 by the Addl. Senior Civil Judge and CJM, Hassan at Annexure-N; b) Issue a Writ of Mandamus and direct the Addl. Senior Civil Judge and CJM, Hasaan in MA No.25/2025 to consider IA No.1 & 2 filed under Order 41 Rue 5 & under Order 39 Rule 1 and 2 CPC, at Annexure- K1 & Annexure- K2, respectively; c) Grant such other relief/s that this Hon’ble Court deems fit in the facts and circumstances of the above case.” 2. Heard learned counsel for the petitioners and learned counsel for the respondents in both the petitions and perused the material on record. 3. A perusal of the material on record will indicate that respondent Nos.1 to 3 filed a suit in O.S.No.762/2025 against petitioners – defendant Nos.1 to 13 and respondent Nos.4 and 5 – defendant Nos.14 and 15 for declaration, permanent injunction and other reliefs in relation to subject educational institution / society. In the said suit, while plaintiffs filed application – I.A.No.III for temporary injunction, which was opposed by the defendants, defendants also filed an application – I.A.No.IV for temporary injunction and both applications were disposed of by the Trial Court vide common order dated 04.12.2025 allowing I.A.No.III filed by the plaintiffs and dismissing I.A.No.IV filed by the defendants. Aggrieved by the aforesaid common order dated 04.12.2025, petitioners – defendants have approached the First Appellate Court in M.A.No.25/2025 and M.A.No.26/2025, which are pending adjudication before the First Appellate Court as on today. 4. Learned counsel for both sides jointly submit that the present matter is being heard by this Court and the First Appellate Court is also hearing the aforesaid M.A.No.25/2025 and M.A.No.26/2025.
4. Learned counsel for both sides jointly submit that the present matter is being heard by this Court and the First Appellate Court is also hearing the aforesaid M.A.No.25/2025 and M.A.No.26/2025. Learned counsel for the petitioners would invite my attention to the earlier order passed by this Court in W.P.No.37818/2025 in order to contend that the protection granted by this Court directing the respondents not to take any major financial decision in relation to the subject educational institution / society did not continue to remain in force after 17.12.2025 and since the main appeals are pending consideration, the present petitions may be disposed of directing the First Appellate Court to dispose of M.A.No.25/2025 and M.A.No.26/2025 within a stipulated timeframe and by directing both parties not to take any major financial decision in relation to subject educational institution / society till disposal of the appeals by the First Appellate Court. It is also submitted that since respondent Nos.1 to 3 – plaintiffs attempted to conduct / hold meetings, petitioners – defendants have approached this Court in W.P.No.37348/2025, in which respondent Nos.1 to 3 have been directed not to conduct / hold any meetings and the said order is in force even till today and the matter is posted on 06.01.2026 before the Co-ordinate Bench of this Court. It is submitted on instruction that if parties are directed not to conduct / hold any meetings till disposal of M.A.No.25/2025 and M.A.No.26/2025, the petitioners would unconditionally withdraw the said W.P.No.37348/2025. 5. Per contra, learned counsel for respondent Nos.1 to 3 submits that he has no objection for directions to be issued to the First Appellate Court for expeditious disposal of M.A.No.25/2025 and M.A.No.26/2025. It is further submitted that as already directed by this Court in W.P.No.37348/2025, the non-holding / non- conducting of meeting by respondent Nos.1 to 3 will not entail consequences under Byelaw 7(b) or Section 27A of the Karnataka Societies Registration Act. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of these petitions by issuing certain directions. 7. In the result, I pass the following: ORDER (i) Both petitions are hereby disposed of (ii) The First Appellate Court before whom M.A.No.25/2025 and M.A.No.26/2025 is pending is directed to dispose of the said appeals on merits as expeditiously as possible and at any rate on or before 14.01.2026.
7. In the result, I pass the following: ORDER (i) Both petitions are hereby disposed of (ii) The First Appellate Court before whom M.A.No.25/2025 and M.A.No.26/2025 is pending is directed to dispose of the said appeals on merits as expeditiously as possible and at any rate on or before 14.01.2026. (iii) It is further directed that till disposal of the said appeals in M.A.No.25/2025 and M.A.No.26/2025 by the First Appellate Court as stated supra, both parties are directed not to hold / conduct meeting or take any major financial decision in relation to the subject society / educational institution. (iv) Petitioners are directed to unconditionally withdraw W.P.No.37348/2025 which is said to be posted before the Co-ordinate Bench of this court on 06.01.2026. (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. (vi) The First Appellate Court is directed to dispose of M.A.No.25/2025 and M.A.No.26/2025, in accordance with law without being influenced by the findings and observation, if any, in the present order.