High Court of Karnataka Hears Appeals Against Rejection of Interim Injunction in Civil Suit Pertaining to Society Dispute. Appeals Filed Under Order 43 Rule 1(r) CPC Challenging Trial Court's Order Declining to Grant Temporary Injunction Against Alleged Illegal Resolution of Rajya Vokkaligara Sangha.

Civil suit for declaration and permanent injunction concerning the administration of a registered society, Rajya Vokkaligara Sangha, challenging a resolution and meeting notice as illegal and void.

Plaintiffs sought declaration that a resolution dated 09.06.2023 and a notice for a meeting dated 09.06.2023 were illegal, null and void, and a consequential injunction restraining the defendant from implementing them. An interim application for temporary injunction under Order 39 Rules 1 and 2 CPC (I.A.No.1) was filed pending suit.

Allegation that the defendant issued an unauthorized resolution and meeting notice affecting the Sangha’s governance, prompting the society and its office-bearers to seek judicial intervention.

The VI Additional City Civil and Sessions Judge, Bengaluru City (CCH-11), by order dated 16.06.2023, rejected I.A.No.1 filed under Order 39 Rules 1 and 2 CPC, refusing to grant temporary injunction.

Whether the trial court was justified in rejecting the application for temporary injunction restraining the enforcement of the resolution dated 09.06.2023 and the meeting notice dated 09.06.2023. Whether the Vice-President, Treasurer, and Directors, who were not original parties, could maintain appeals against the order rejecting the injunction.

These appeals are filed under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908, praying this Court to set aside the order dated 16.06.2023 passed by the VI Additional City Civil & Sessions Judge (CCH-11) at Bengaluru City, on I.A.No.1 in O.S.No.3590/2023. The appellants in MFA No.4320/2023 are the plaintiffs have filed a suit for the relief of declaration to declare that the alleged resolution dated 09.06.2023 referred to in a paper publication dated 10.06.2023 published in Vijayavani Kannada Daily Newspaper and notice dated 09.06.2023 issued by the defendant as illegal, null and void and non-est. The appellants in MFA No.4319/2023 are not the plaintiffs and also not parties to the suit, but they claims that the first appellant is a Vice-President and the second appellant is a Treasurer of Rajya Vokkaligara Sangha and while filing the application, a leave is sought on the ground that they are the Vice-Presidents and Treasurer and their right is prejudiced in passing such resolution.

Plaintiffs filed O.S.No.3590/2023 before VI Additional City Civil and Sessions Judge, Bengaluru, seeking declarations and injunction regarding a resolution and meeting notice dated 09.06.2023. Along with the suit, I.A.No.1 under Order 39 Rules 1 and 2 CPC was filed for temporary injunction. The trial court rejected I.A.No.1 on 16.06.2023. Aggrieved, the plaintiffs filed MFA No.4320/2023 under Order 43 Rule 1(r) CPC. Subsequently, the Vice-President and Treasurer of the Sangha filed MFA No.4319/2023, and certain Directors filed MFA No.4445/2023, both seeking leave to appeal. This Court granted leave on 04.07.2023, allowed impleading applications, and added respondents 5 to 10. All appeals were heard together and reserved for judgment on 04.07.2023, and judgment was pronounced on 07.07.2023.

• Code of Civil Procedure, 1908: Order 43 Rule 1(r), Order 39 Rules 1 and 2, Section 151
• Mysore Societies Act, 1904: