Petition U/S. 9 Of Charitable & Religious Trusts Act Cannot Be Entertained If Suit U/S. 92 CPC Is Pending: Karnataka HC
The Karnataka High Court held that a petition under Section 9 of the Charitable and Religious Trusts Act cannot be entertained when there is an ongoing suit involving the same trust under Section 92 of the Code of Civil Procedure, 1908 (CPC).
One member of the Trust had instituted a suit under Section 92 of the CPC regarding the constitution of the managing committee. The Trust filed a miscellaneous petition seeking approval of the elected members of the managing committee which was allowed.
The Court allowed the Writ Petition challenging the order of the Trial Court and noted that the Trial Court should not have entertained the Miscellaneous Petition during the pendency of the original suit.
“Admittedly, the petitioner herein has preferred the petition before the jurisdictional District Court under Section 92 of the Code of Civil Procedure, by way of Misc. Application No.204/2014 and the same has been subsequently converted into O.S.No.15/2018… Under the circumstances, the petition under the provisions of the Charitable and Religious Trusts Act, 1920 cannot be entertained as per Section 9 of the said Act”, the Bench of Justice Maralur Indrakumar Arun observed.
Advocate K. Anandkumar appeared for the Petitioner and Advocate Vinay S. Koujalagi appeared for the Respondents.
The Petitioner, a member of the trust, challenged an order of the Trial Court approving members of the managing committee of the trust. This order was passed in a miscellaneous petition wherein the Trust sought the approval of the managing committee.
The Court held that Section 5 of the Act lays down conditions under which no petition related to any trust covered by the Act will be entertained. The conditions are as follows (a) When there is a pending suit under Section 92 of the CPC concerning the specific trust, (b) When the trust property is under the control of designated authorities such as the Treasurer of Charitable Endowments, the Administrator General, the Official Trustee, or any Society registered under the Societies Registration Act, 1860, (c) When a scheme for administering the trust property has been settled or approved by a competent court or any other authority acting under the provisions of any enactment.
The Court noted that the Petitioner had indeed filed a petition with the District Court under Section 92 of the Code of Civil Procedure, 1908 (CPC). The Bench observed that the examination of the contested order reveals that the Respondent obtained the order without informing the Trial Court about the ongoing original suit.
Accordingly, the Court allowed the Writ Petition and set aside the impugned order.
Cause Title: Basappa v Model Education Society (2023:KHC-D:13656)
