Writ Petition No. 11299 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:11456 WP No. 11299 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11299 OF 2018 (GM-CPC) BETWEEN: LODGE MYSORE FREE MASONS HALL NO.34, OPPOSITE TOWN HALL ASHOKA ROAD MYSORE-570 001 REPRESENTED BY (a) WORSHIPFUL MASTER AND PRESIDENT W.BRO.DR.T.V.RAMESH AGED ABOUT 63 YEARS (b) THE SECRETARY WORSHIPFUL BROTHER VIJAY SINGH AGED ABOUT 72 YEARS (c) THE TREASURER WORSHIPFUL BROTHER DR.S.L NARAYANA AGED ABOUT 57 YEARS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI. HAREESH BHANDARY T.,ADVOCATE) …PETITIONERS AND: 1. DR ABRAHAM THOMAS S/O LATE DR THOMAS EAPER AGED ABOUT 43 YEARS EX.SECRETARY - 2 - NC: 2025:KHC:11456 WP No. 11299 of 2018 LODGE MYSORE NO.34 GF NO.1, GROUND FLOOR OF THE BUILDING, FREEMASONS HALL, OPP.TOWN HALL ASHOK RAOD, MYSURU & ALSO R/AT DAMDEN CITY SQURE FLAT NO.30, NELSON MANDELA ROAD OPP.KSRTC BUS DEPOT BANNIMANTAP, MYSURU- 570 002. 2. MR PRADEEP EAPEN THOMAS S/O LATE DR THOMAS EAPEN AGED ABOUT 47 YEARS EX. TREASURER, LODGE MYSORE NO.34 GF NO.1, GROUND FLOOR OF THE BUILDING, FREEMASONS HALL, OPP.TOWN HALL ASHOKA ROAD, MYSURU & ASLO R/A NO.8 3RD MAIN ROAD, J L PURAM MYSURU-570 002. 3. SRI. SURESH Y., S/O YOGANANDA AGED ABOUT 37 YEARS EX.TEMPORARY EMPLOYEE LODGE MYSORE NO.34 R/AT NO.365, JETTY STREET IST CROSS, NAZARBAD MYSURU-570 010. 4. SRI G MANJUNATH S/O CHANDRASHEKAR AGED ABOUT 58 YEARS - 3 - NC: 2025:KHC:11456 WP No. 11299 of 2018 #89, 9TH CROSS, 8TH MAIN ROAD SARASWATHIPURAM, MYSURU-570 009. 5. SRI V S RAKESH S/O T V SRIDHAR AGED ABOUT 33 YEARS # 45, VIVEKANANDA ROAD YADAVAGIRI, MYSORE-570 020. 6. SRI H VITTAL S/O LATE HANUMANTHAIAH MAJOR, #11, C3/C4, CRYSTAL APARTMENTS 6TH MAIN ROAD, V V MOHALLA MYSORE - 570 002. 7. SRI P JYOTHIRLINGANA GOUD PATIL S/O LATE REVANA GOUD AGED ABOUT 80 YEARS #144/G, "ANUROOPA" III STAGE GOKULAM SIDDARTHA NAGAR MYSORE-570 002. 8. SRI K.S. CHANDRASHEKAR S/O LATE K V SRINIVASA MURTHY AGED ABOUT 80 YEARS #363, CHAMPAKA CHALUVAMBA AGRAHARA MYSORE- 570 024. 9. SRI T. SATYANARAYANA S/O LATE T TANGAVENU NAIDU AGED ABOUT 83 YEARS #299, "GOVINDA GOPALA" VINAYA NAGARA SIDDARTHA NAGAR MYSORE - 570 011. - 4 - NC: 2025:KHC:11456 WP No. 11299 of 2018 10. DR. JYOTHI PRAKASH S/O LATE D. GOPAL RAJE URS AGED ABOUT 62 YEARS #CH-45, 5TH CROSS 7TH MAIN ROAD, SARASWATHIPURAM MYSURU - 570 009. 11. SRI. N. RAVISHANKAR S/O LATE R S NARAYANA RAO AGED ABOUT 61 YEARS #1042, 5TH MAIN ROAD RAMAKRISHNA NAGAR MYSURU - 570 022. (V/O DATED 15/03/2018., SRI. B.N. ANANTHA NARAYANA ADVOCATE FOR R4 TO R11) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ANNEXURE-A DATED 03.01.2018 MADE ON IA NO.2 IN O.S.NO.963/2016 BY THE COURT OF I ADDITIONAL CIVIL JUDGE AND C.J.M MYSURU AND THE ORDER ANNEXURE-A1 DATED 03.01.2018 MADE ON MEMO FILED IN O.S.NO.963/2016 BY THE COURT OF I ADDITIONAL CIVIL JUDGE AND C.J.M MYSURU AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 5 - NC: 2025:KHC:11456 WP No. 11299 of 2018 ORAL ORDER Petitioners who are the plaintiffs in O.S.No.963/2016 pending consideration on the file of I Additional Sessions Civil Judge & CJM, Mysuru, are before this Court being aggrieved by the order dated 03.01.2018 passed on I.A.No.II by which the applicants thereunder have been permitted to be impleaded as plaintiff Nos.2 to 8 and also aggrieved by rejection of memo by the very same order which was filed by the plaintiffs herein seeking dismissal of the suit as withdrawn. 2. The above suit originally filed in the name of Lodge Mysore Number 34 represented by the then President and Office Bearers against the outgoing Office Bearers of the plaintiff-Lodge for recovery of certain amounts on the allegation of misfeasance. It appears the allegation so made were based on certain reports given by a Chartered Accountant which was found to be incorrect. Having realised the same, the plaintiff- Lodge represented by its erstwhile President and Secretary had filed the memo dated 14.06.2017 seeking dismissal of suit as withdrawn. While the said memo was being considered, the aforesaid application in I.A.No.II came to be filed by the six - 6 - NC: 2025:KHC:11456 WP No. 11299 of 2018 persons claiming to be the new members of the plaintiff-Lodge to be added as plaintiff Nos.2 to 8 in the suit. By the impugned order the Trial Court allowed the said application, permitted the said persons to be added as plaintiff Nos.2 to 8 and rejected the memo dated 14.06.2017 filed by the plaintiff-Lodge and its erstwhile President, Secretary seeking withdrawal of the suit. Aggrieved by the same, the plaintiff-Lodge represented by its erstwhile President, Secretary and Treasurer are before this Court. 3. On a query by this Court, learned counsel for the petitioners submits that even the President, Secretary and Treasurer as shown in the cause title of the petition are not the current office bearers of the plaintiff-Lodge and the same is taken over by a newly constituted Committee. He further submits in the newly constituted Committee one of the original defendants in the suit has also become office bearer. He further submits that even the application in I.A.No.II who sought to come on record as plaintiff Nos.2 to 8 are no more the members of the plaintiff-Lodge. In these changed circumstances, learned counsel for the petitioners submits, that a liberty be reserved to the petitioners/plaintiffs to move - 7 - NC: 2025:KHC:11456 WP No. 11299 of 2018 appropriate application before the Trial Court bringing on record about the changed circumstances and for seeking appropriate order in accordance with law. 4. Submission is taken on record. 5. In that view of the matter, petition is disposed of reserving liberty to the plaintiffs to move such application seeking such remedy as may be permissible under law in the light of the changed circumstances referred to hereinabove. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 15