APPAJI GOWDA versus VOKKALIGARA SANGHA & ORS.

APPAJI GOWDA versus VOKKALIGARA SANGHA & ORS.

Member of Executive Committee of a Trust has locus standi to challenge actions considered illegal, including compromises related to trust property, before appropriate forum; however, since the suit was dismissed for non-payment of court fee and no decree was passed, the court does not decide the underlying issue of the compromise's validity.

Parties
Appellant: Appaji Gowda; Respondent No. 1: Vokkaligara Sangha; Respondent No. 2: Respondent No. 2; Respondent No. 3: Respondent No. 3; Respondent No. 4: Respondent No. 4
Jurisdiction
India
Judgment Date
07 August 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court's Dismissal of Appeal Against Compromise in Suit
Outcome
Appeal disposed of
Legal Topics
Trust Administration, Locus Standi, Compromise in Suits, Testamentary Disposition
Trusts and Estates Property Law Trust Administration Locus Standi Compromise in Suits Testamentary Disposition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Appaji Gowda

Appellant

Vokkaligara Sangha

Respondent No. 1

Respondent No. 2

Respondent No. 2

Respondent No. 3

Respondent No. 3

Respondent No. 4

Respondent No. 4

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court's Dismissal of Appeal Against Compromise in Suit

Legal Issues

  1. 1 Whether an Executive Committee member of a Trust has locus standi to challenge a compromise entered by the Trust without the General Body's consent
  2. 2 Whether Respondent No. 1 could have entered into a settlement with Respondent Nos. 2-4 in respect of Trust property

Ratio Decidendi

Member of Executive Committee of a Trust has locus standi to challenge actions considered illegal, including compromises related to trust property, before appropriate forum; however, since the suit was dismissed for non-payment of court fee and no decree was passed, the court does not decide the underlying issue of the compromise's validity.

Court Disposition

Appeal disposed of

Orders

  • Appeal disposed of with no costs