Karnataka High Court
The Krantiveer Sangolli Rayanna ... vs Ramappa Pandappa Pammar, Age 37 Years, ... on 7 August, 2017
Author: K.Somashekar
Bench: K.Somashekar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
ON THE 7TH DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
MFA NO.23602/2010 (CPC)
BETWEEN
1. THE KRANTIVEER SANGOLLI RAYANNA
RESIDENTIAL HIGH SCHOOL TRUST
TRUST REGISTRATION E 494 (BGM)
NEHRU NAGAR, BELGAUM-590010
2. REVAPPA HANJAPPA LAMANI,
AGE 67 YEARS, OCC CHAIRMAN
THE KRANTIVEER SANGOLLI RAYANNA
RESIDENTIAL HIGH SCHOOL TRUST
R/O.SALAPUR TANDA-591 123
TQ.RAMDURG, BELGAUM
3. SHRI MEGAPPA MANNAPPA LAMANI,
AGE 45 YEARS, OCC VICE CHAIRMAN
KRANTIVEER SANGOLLI RAYANNA
RESIDENTIAL HIGH SCHOOL TRUST
R/O.SALAPUR TANDA-591 123
TQ.RAMDURG, BELGAUM
4. SHRI SHETTEPPA REVAPPA LAMANI,
AGE 35 YEARS, OCC AGRIL,
R/O.SALAPUR TANDA-591 123
TQ RAMDURG, BELGAUM
... APPELLANTS
(BY SRI.M.G.NAGANURI, ADVOCATE)
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AND
1. SHRI RAMAPPA PANDAPPA PAMMAR,
AGE 37 YEARS, OCC COOLIE,
R/O.NEW VAIBHAV NAGAR-591 010
BELGAUM
2. SHRI SUBHASH SHANKAR PAMMAR
AGE 40 YEARS, OCC PVT SERIC
R/O.BAHER GALLI, KARGRALI BK-591123
TQ & DIST BELGAUM
3. SHRI LAXMAN PANDAPPA LAMANI,
AGE 32 YEARS, OCC:COOLIE,
R/O.BANNUR TAND-591 123
RQ RAMDURG, DIST BELGAUM
4. SHRI FAKIRAPPA S/O.KARIYAPPA HALAGI,
AGE 60 YEARS, OCC TRUSTEE &
MANAGING COMMITTEE MEMBER,
THE KRANTIVEER SANGOLLI RAYANNA
RESIDENTIAL HIGH SCHOOL TRUST
R/O.CHULAKI-591 110
TQ.SOUNDATTI, DIST: BELGAUM
5. SHRI DURGAPPA YALLAPPA CHALWADI,
AGE 65 YEARS, OCC TRUSTEE &
MANAGING COMMITTEE MEMBER,
THE KRANTIVEER SANGOLLI RAYANNA
RESIDENTIAL HIGH SCHOOL TRUST
R/O.hIREKUMBI-591 110
TQ.SOUNDATTI, DIST: BELGAUM
6. SHRI HANAMANT BHIMAPPA MADAR,
AGE 65 YEARS, OCC TRUSTEE &
MANAGING COMMITTEE MEMBER,
THE KRANTIVEER SANGOLLI RAYANNA
RESIDENTIAL HIGH SCHOOL TRUST
R/O.SALAPUR-591 110
TQ.SOUNDATTI, DIST: BELGAUM
... RESPONDENTS
(BY SRI.NEELENDRA D.GUNDE, ADVOCATE FOR R1-R6;
SRI.DINESH M.KULKARNI, ADVOCATE FOR R4-R6)
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THIS MFA IS FILED U/SEC.43 RULE 1(s) R/W. SEC.104
CPC., 1908, AGAINST THE JUDGMENT AND ORDER ON
I.A.NOS.II AND III DATED:26-07-2010, PASSED IN
O.S.NO.5/2008, ON THE FILE OF THE PRL.DISTRICT JUDGE,
BELGAUM, REJECTING THE I.A.NO.II, FILED U/O.39 RULES 1
AND 2 OF CPC., AND ALLOWING THE I.A.NO.III FILED U/O.40
RULE 1 OF CPC.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the appellants and the learned counsel for the respondents.
2. Brief facts of the appeal are as under:
On 23.09.2008, an application in I.A.No.II was filed under Order XXXIX Rule 1 and 2 of CPC by the plaintiffs- Ramappa and two others for an order of temporary injunction restraining the second defendant from acting as Chirman-Trustee and other defendants as Trustees and Managing Committee members of the first defendant Trust, pending disposal of the suit. Whereas on 25.09.2008, an application in I.A.No.III was filed under Order XL Rule 1 of CPC by the plaintiff for appointing the Deputy Director of Public Instructions, Belgaum as receiver of the first :4: defendant-Trust to manage the administration and financial affairs of the said Trust, pending disposal of the suit.
3. However, the learned counsel appearing for the appellants and the respondents submit that the suit in O.S.No.5/2008 came to be dismissed for non-prosecution on 21.07.2011.
4. Therefore, keeping in view of the submission made by the learned counsel for the appellants and the respondents and so also the dismissal of the suit in O.S.No.5/2008 for non-prosecution, it is said that this appeal does not survive for consideration.
Accordingly, the appeal stands disposed of.
Sd/-
JUDGE Vnp*