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In The Court of The Hon'Ble Senior Civil Judge at Turuvekere. O.S. /2023

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25 views

In The Court of The Hon'Ble Senior Civil Judge at Turuvekere. O.S. /2023

Uploaded by

3198chetha
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE AT

TURUVEKERE.
O.S. /2023

Plaintiffs : 1. Shivappa S/o Chikkanna


Aged about 74 years,
2. Shankarananda S/o Shivappa,
Aged about 39 years,
All are R/o Bennayakanahalli Gollarahatti,
Tiptur Taluk,
Tumakuru District.
V/s
Defendants : 1. Sri Krishna Vidya Samsthe Ⓡ,
Tumakuru District, Represented by Secretary,
Ugraiah.
2. Ugraiah S/o Dasappa,
Aged about 62 years,
3. Ningappa S/o Rangappa
Aged about 72 years,
4. U.Naveen S/o D.Ugraiah
Aged about 34 years,
5. Shivanna S/o Doddahalappa
Aged about 66 years,
The defendants No. 2 to 5 are R/o Sadarahalli
Gollarahatti,
Aalduru Post, Turuvekere Taluk. Tumakuru
District.
6. Dasappa S/o Kullappa,
Aged about 73 years.
R/o Aremallenahalli, gollarahatti,
Turuvekere Taluk. Tumakuru District.
7. T.N. Prakash S/o M.Nagaraju,
Aged about 44 years.(alleged President)
House No. 99, S.R.V. Compound,
B.H.Road, Tiptur. Tumakuru District.
8. Gangadhar S/o Late Nagaraj,
Aged about 44 years. .(alleged Director)

9. Chandrappa G.S S/o Sannaningaiah,


Aged about 55 years. (alleged Director)
The defendants No. 8 and 9 are R/o
Bidarakere Gollarahatti,
Vignasanthe post,
Nonavinakere Hobli, Tiptur Taluk. Tumakuru
District.
10. Ravindra J.R. S/o Rangaiah,
Aged about 43 years, (alleged Director)
R/o Jakkanahalli,
Gollarahatti Biligere Post,
Kibbanahalli Hobli,
Tiptur Taluk. Tumakuru District.
11. Registrar Of Co-operative Societies,
Ali Asker Road, Near Raj Bhavan, Vasantha
Nagar, Bengaluru,
Karnataka-560052.
12. Deputy Registrar
of Co-operative Societies,
Mini Vidhana Soudha, 2nd Floor,
Tumakuru District.
Under Order VII Rule 1 & 2 & R/w 26 of CP Code that the Plaintiffs
beg to submit as follows:

1. That the names and addresses of the parties as mentioned in the


cause title are correct for the purposes of service of summons and notices
from this Hon'ble Court. The Plaintiffs are also represented by Sri.
Devaraju.S, Advocate, Channappaiah Compound, 3rd Cross, K.R.
Extension, Tumakuru.

2. The plaintiffs submit that the 1st plaintiff i.e Shivappa S/o
Chikkanna is functioning as a President as well as life member and
Executive committee Member/Director and founder of an Education
Society formed under the name of Sri. Krishna Vidya Samsthe Ⓡ, i.e
Defendant No.1, which was registered under Karnataka Societies
Registration Act. Vide Reg No SOC100/84-85 on 27-10-1984 and
plaintiff No.2 i.e Shankarananda S/o Shivappa is an Executive
Committee Member/Director of the above said Education Society.
Defendant No.2 by name Ugraiah is functioning as a Secretary, Treasure
as well as Executive Committee Member of the Society and defendants
No. 3 to 6 are the Executive Committee Member/Directors of the said
Sri Krishna Vidya Samsthe Tiprur. Defendants No 7 to 10 are alleged
Executive Committee Members/Directors of the Society selected by
defendants No 2 to 6 who are illegally inducted in the aforesaid society
behind the back of Plaintiffs which is against bye-law of the Society.
3. It is submitted that the said Sri Krishna Vidya Samsthe, was
formed with main purpose of educating the students of all religions
including our category, schedule caste, schedule tribe and backward
categories without any discrimination, and providing other knowledge
oriented programmes for the students. The composition of Managing
Committee of the 1st defendant shall consist of 9 members’ viz.,
including one president and one Secretary.

4. It is submitted that all the functions of the said society was going
on smoothly but from the year 2018 onwards the 2nd defendant
functioning as Secretary, Treasurer and as Executive Committee
Members of the 1st Defendant Education Society and other Executive
Committee Members i.e Defendants No.2 to 6 started misappropriating
the funds of the Society which was opposed, questioned and sought for
details of the accounts by the Plaintiffs in the Executive Committee
Meetings, for which the defendants No.2 to 6 kept on giving evasive
answer. Later, the Defendants No.2 to 6 colluding with each other
started hiding all the affairs of the Society from the Plaintiffs and not
furnishing any particulars, records or books of accounts with respect to
the transactions done by the defendants No. 2 to 6. Thus the
Defendants No.2 to 6 have suppressed the actual facts and figures from
the Plaintiffs.

5. It is further submitted that defendants No.2 to 6 without the


knowledge of plaintiffs, in the absence of the Plaintiffs, without causing
notices of Executive Committee meeting to the plaintiffs and without
Plaintiff No1’s i.e Life member president’s authority held meeting on 09-
07-2020 without notifying the Plaintiffs and other Director, forging the
signatures of the Plaintiffs. Impersonating as Life Member, President, i.e
Plaintiff No.1 and passed a resolution and produced the same before
Deputy Registrar of co-operative Societies Tumakuru for renewal of the
Society i.e Sri. Krishna Vidya Samsthe, For which complaint was given
by the Plaintiffs before Superintendant of Police Tumakuru and
jurisdictional police. The complaint is registered by the jurisdictional
Police vide GSC No PO1107220600406.

6. It is submitted that with an intension to hide their illegal acts, the


defendants No.2 to 6 passed a resolution dated 18-11-2021 showing that
alleging to be General Body Meetings held on 27-09-2021, 13-10-2021
and 30-10-2021 without causing proper notice to the Plaintiffs and
without following procedure as contemplated under bye-law or under
the provisions of Karnataka Societies Registration Act, and removed the
plaintiff No.1 from the Life membership of the Society and Plaintiff
No.2 from the Executive Committee which is contrary to Registered bye-
law and the provisions of Registration Act and principles of natural
justice, hence the this suit is filed for the reliefs against the Defendants
for Declaration and Injunction.

7. It is submitted that defendants No.11 & 12 who are Government


servants, having knowledge of fact that Defendants No.2 to 6 have not
given notice to the Plaintiffs while holding alleged committee meeting
and passed resolution for removing the plaintiffs from Life member,
founder president and other Executive Committee members of the
Society, Defendants No.11 & 12 have approved alleged new committee
is against to provisions of Co-operative Societies Registration Act and
the principles of natural justice.

8. It is submitted that defendants No.11 & 12 without verifying the


signatures of the President and other Executive Committee Members
which are prima facie to be forged, considered the alleged resolution
passed in the alleged meeting held on 09-07-2020 and made renewal of
the Society. Without the signature of the President, and behind the back
of President, defendants No.11 & 12 attempted to made renewal of the
Society.

9. The cause of action for the suit arose when plaintiffs having Life
Membership, as a president and founder director of the 1st defendant
Education Society and subsequently, when the defendants No.2 to 6
held the alleged Meetings dated 09-07-2020 by forging signature of the
plaintiffs and subsequently, when the defendants.2 to 6 passed
resolution showing that the so-called Meetings are held dated 27-09-
2021, 13-10-2021 and 30-10-2021 by removing the plaintiffs who are life
members, without notice to the them from the said Sri Krishna Vidya
Samsthe and produced the same before Deputy Registrar of co-operative
Societies Tumakuru for renewal of the Society, and now the Defendants
are misappropriating the funds of the Society, assuming illegal position
by them, which is within the jurisdiction of this Hon'ble court. The
earlier Plaintiffs had filed a suit before Senior Civil judge at Tipaturu in
OS No 66/2022, which was withdrawn by the plaintiffs with liberty to
file fresh present suit on the same cause of action before this Ho’ble
court. Hence the suit is in time. Copy of the same is herewith produced
along with plaint.

10. For purposes of court fee and jurisdiction the suit is valued as per
the valuation slip annexed and court fee is paid accordingly.

11. The plaintiffs have produced all the necessary documents for kind
perusal of this Hon'ble Court.

PRAYER FOR JUDGEMENT AND DECREE


Wherefore, the plaintiffs respectfully prayed, that the Hon'ble court may
kindly be pleased to pass the judgment and decree against the
defendants for;

a) to declare that the resolution passed by the defendants No.2 to 6 for


removing the plaintiffs who are Life Members and Founder director of
the 1st defendant Society in alleged meeting held on 30-10-2021 is illegal,
arbitrary, void and opposed to principles of natural justice; the same be
set at naught.

b) and for consequential relief of declaration, declaring that the plaintiffs


are entitled to continue to function in their respective posts in the 1 st
Defendant Society by removing Defendants No.7 to 10 who are illegally
inducted.

C) and for permanent injunction restraining defendant Nos.2 to 6 by


themselves or any person/s acting under them by appointing any other
person/s as Life member and director in the 1st defendant-Education
Society.

d) for costs and such other reliefs, as this Hon’ble court may deem fit to
grant on the facts and circumstances of the case in the interest of justice
and equity.

Advocate for Plaintiffs Plaintiffs.


What is stated above is true to the best of my knowledge, information
and belief.

Place: Turuvekere.
Date: Plaintiffs.

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