- 1 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8245 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 8242 OF 2025 (GM-CPC) IN WP NO. 8245/2025 BETWEEN: 1. SHREE GALI ANJANEYA SWAMY TEMPLE TRUST BYATARAYANAPURA MYSORE ROAD, BANGALORE - 560 026. REP BY CONVENER 2. SRI.B.M.HANUMANTHAPPA S/O. LATE B.V.MUNIYAPPA AGED 57 YEARS, NO. E-49 5TH CROSS, 1ST MAIN ROAD OPPOSITE GOVERNMENT MIDDLE COLLEGE, BYATARAYANAPURA MYSORE ROAD, BANGALORE 560 026 (PRESIDENT OF TEMPLE TRUST). 3. SRI B M PATEL PANDU S/O.LATE MUNIYAPPA AGED 69 YEARS FOUNDER, SRI. PATEL GULLAPPA EDUCATIONAL INSTITUTION AVALAHALLI, MYSORE ROAD BANGALORE - 560 026 (VICE-PRESIDENT OF THE TEMPLE TRUST). 4. DR.B.V.SRINIVAS RAMANUJA BHATTACHARYA S/O. LATE Y.R.VASUDEV BHATTACHARYA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 AGED 59 YEARS NO.50, SRI.GALI ANJANEYA TEMPLE BYATARAYANAPURA, MYSORE ROAD BANGALORE 560 026 (TREASURER OF THE TEMPLE TRUST). 5. SRI.B.P.NAGARAJU @ ASHOK S/O.LATE B.V.POOJAIAH AGED 54 YEARS OFFICE AT SHREE GALI ANJANEYA SWAMY TEMPLE ROAD BATTARAYANAPURA, MYSORE ROAD BANGALORE-560 026. 6. SRI.R.K.RAMACHANDRA BHATTACHARYA S/O LATE R.KANNABHATTACHARYA AGED 53 YEARS C/O GALI ANJANEYA SWAMY TEMPLE, BYATARAYANAPURA MYSORE ROAD, BANGALORE - 560 026 (PRADHANA ARCHAKA AT THE TEMPLE). 7. SRI. MOHAN B.M. S/O.LATE B.V.MUNIYAPPA AGED MAJOR NO.8-A, CHOWDAPPA ROAD SHANTHINAGAR, BANGALORE-560 027 (DHARMADARSHI OF THE TEMPLE TRUST). …PETITIONERS (BY SRI. VAMSHI KRISHNA C., ADVOCATE) AND: 1. SHRI. AVALAHALLI CHANDRAPPA R S/O LATE A G RANGASWAMAPPA AGED ABOUT 68 YEARS NO. 13, BEHIND VENKATESHWARA THEATRE AVALAHALLI, MYSORE ROAD BENGALURU - 560 026. 2. SHRI. HANUMANTHAPPA, S/O LATE MUNIYAPPA AGED ABOUT 64 YEARS - 3 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 NO. 28, 1ST MAIN ROAD 3RD CROSS, BYATARYNNAPURA MYSORE ROAD, BENGALURU - 560 026. 3. SRI.N.ASHWATHNARAYANA S/O. LATE DODDANARASIMHAIAH AGED MAJOR C/O.149/A, DODDAMMA TEMPLE STREET AVALAHALLI, MYSORE ROAD BANGALORE - 560 026 (DHARMADARSHI OF THE TEMPLE TRUST). 4. SRI.PATEL V.C. ANANTHASWAMY S/O.LATE PATEL CHIKKAHANUMAIAH AGED MAJOR NO.117, AVALAHALLI, MYSORE ROAD BANGALORE - 560 026 (DHARMADARSHI OF THE TEMPLE TRUST). 5. SRI.B.R.KISHAN S/O.LATE B.M.RAMAPPA AGED MAJOR KEMPAMBA NILAYA 30TH CROSS, 2ND BLOCK RAJAJINAGAR, BANGALORE-560 010 (DHARMADARSHI OF THE TEMPLE TRUST) 6. SHRI.SIDDARAJU L AND ORS. S/O.SRI.S.LINGAIAH NO.34/1, 5TH CROSS 2ND MAIN ROAD, AVALAHALLI MYSORE ROAD, BANGALORE 560 026 MO.87221 82777. 7. SRI.M.JAGADESSHA S/O.SRI.S.MUNIYANNA AGED ABOUT 46 YEARS NO.219, 2ND MAIN, 2ND CROSS MARUTHINAGAR, BANGALORE 560 026 MO.97432 67255. - 4 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 8. SRI.M.SEENAPPA S/O. MASTHAYA AGED ABOUT 49 YEARS NO.9/1-1, 6TH CROSS VITTAL NAGAR, WEST CHAMARAJPET VTC BANGALORE SOUTH BANGLORE 560 026 MO.94481 69469. 9. SRI.MUNISWAMAPPA.R S/O LATE M RAMAIAH AGED MAJOR NO. 20, 1ST CROSS,1ST MAIN DEEPANJALINAGAR, MYSORE ROAD BANGALORE-560 026 (DHARMADARSHI OF THE TEMPLE TRUST). …RESPONDENTS (BY SRI.V B SHIVAKUMAR., ADVOCATE FOR C/R 1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 17.02.2025 PASSED ON IA.NO.4 TO 6 PASSED BY THE PRINCIPAL JUDGE AT CITY CIVIL AND SESSIONS COURT BENGALURU AT CCH-1 IN MISC. PETITION NO. 1321/2024 WHICH IS AT ANNEXURE-A AND ETC. IN WP NO. 8242/2025 BETWEEN: 1. SHREE GALI ANJANEYA SWAMY TEMPLE TRUST BYATARAYANAPURA MYSORE ROAD, BANGALORE - 560 026. A PUBLIC CHARITABLE TRUST 2. SRI.B.M.HANUMANTHAPPA S/O. LATE B.V.MUNIYAPPA - 5 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 AGED 67 YEARS, NO. E-49 5TH CROSS, 1ST MAIN ROAD OPPOSITE GOVERNMENT MIDDLE COLLEGE, BYATARAYANAPURA MYSORE ROAD, BANGALORE 560 026 (PRESIDENT OF TEMPLE TRUST). 3. SRI B M PATEL PANDU S/O.LATE MUNIYAPPA AGED 69 YEARS FOUNDER, SRI. PATEL GULLAPPA EDUCATIONAL INSTITUTION AVALAHALLI, MYSORE ROAD BANGALORE - 560 026 (VICE-PRESIDENT OF THE TEMPLE TRUST). 4. DR.B.V.SRINIVAS RAMANUJA BHATTACHARYA S/O. LATE Y.R.VASUDEV BHATTACHARYA AGED 59 YEARS NO.50, SRI.GALI ANJANEYA TEMPLE BYATARAYANAPURA, MYSORE ROAD BANGALORE 560 026 (TREASURER OF THE TEMPLE TRUST). 5. SRI.B.P.NAGARAJU @ ASHOK S/O.LATE B.V.POOJAIAH AGED 54 YEARS OFFICE AT SHREE GALI ANJANEYA SWAMY TEMPLE ROAD BATTARAYANAPURA, MYSORE ROAD BANGALORE-560 026. 6. SRI.B.K.RAMACHANDRA BHATTACHARYA S/O LATE R.KANNABHATTACHARYA AGED 53 YEARS C/O GALI ANJANEYA SWAMY TEMPLE, BYATARAYANAPURA MYSORE ROAD, BANGALORE - 560 026 (PRADHANA ARCHAKA AT THE TEMPLE). - 6 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 7. SRI. MOHAN B.M. S/O.LATE B.V.MUNIYAPPA AGED MAJOR NO.8-A, CHOWDAPPA ROAD SHANTHINAGAR, BANGALORE-560 027 (DHARMADARSHI OF THE TEMPLE TRUST). …PETITIONERS (BY SRI. VAMSHI KRISHNA C., ADVOCATE) AND: 1. SHRI. SIDDARAJU. L S/O.SRI.S.LINGAIAH NO.34/1, 5TH CROSS 2ND MAIN ROAD, AVALAHALLI MYSORE ROAD, BANGALORE-560 026 MO.87221 82777. 2. SRI.M.JAGADESSHA S/O.SRI.S.MUNIYANNA AGED ABOUT 46 YEARS NO.219, 2ND MAIN, 2ND CROSS MARUTHINAGAR, BANGALORE -560 026 MO.97432 67255. 3. SRI.M.SEENAPPA S/O MASTHAYA AGED ABOUT 49 YEARS NO.9/1-1, 6TH CROSS VITTAL NAGAR, WEST CHAMARAJPET VTC BANGALORE SOUTH BANGLORE - 560 026 MO.94481 69469. 4. SRI.N.ASHWATHNARAYANA S/O.LATE DODDANARASIMHAIAH AGED MAJOR, C/O.149/A TEMPLE STREET, AVALAHALLI MYSORE ROAD, BANGALORE 560 026. (DHARMADARSHI OF THE TEMPLE TRUST) - 7 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 5. SRI.PATEL V.C. ANANTHASWAMY S/O.LATE CHIKKAHANUMAIAH AGED MAJOR, NO.117, AVALAHALLI MYSORE ROAD, BANGALORE - 560 026 (DHARMADARSHI OF THE TEMPLE TRUST) 6. SRI.B.R.KISHAN S/O.LATE B.M.RAMAPPA AGED MAJOR, KEMPAMBA NILAYA 30TH CROSS, 2ND BLOCK RAJAJINAGAR, BANGALORE 560 010 (DHARMADARSHI OF THE TEMPLE TRUST) 7. SRI. MUNISWAMAPPA.R S/O.LATE M.RAMAIAH AGED MAJOR NO.20, 1ST CROSS, 1ST MAIN DEEPANJALINAGAR, MYSORE ROAD BANGALORE 560 026 (DHARMADARSHI OF THE TEMPLE TRUST) ...RESPONDENTS (BY SRI.RAJADITHYA SADASIVAN., ADVOCATE FOR CR2 & R3 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 17.02.2025 PASSED ON IA.NO.5 TO 7 PASSED BY THE PRINCIPAL JUDGE AT CITY CIVIL AND SESSIONS COURT BENGALURU AT CCH-1 IN MISC.PETITION NO. 1139/2024 WHICH IS AT ANNEXURE-A. AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. W.P.No.8245/2025 under Article 227 of the Constitution of India is filed by the petitioners(respondent Nos.1 to 6 and 9 therein) challenging the order dated 17.02.2025 passed by the Principal City Civil and Sessions Judge, Bengaluru on I.A.No.IV filed under Section 151 of CPC, I.A.No.V filed under Section 151 of CPC and I.A.No.VI filed under Section 148 read with Section 151 of CPC in Misc.No.1321/2024, whereby the Trial Court has dismissed the said applications. 2. W.P.No.8242/2025 under Article 227 of the Constitution of India is filed by the petitioners (respondent Nos.1 to 6 and 9 therein) challenging the order dated 17.02.2025 passed by the Principal City Civil and Sessions Judge, Bengaluru on I.A.No.V filed under Section 151 of CPC, I.A.No.VI filed under Section 151 of CPC and I.A.No.VII filed under Section 148 read with Section 151 of - 9 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 CPC in Misc.No.1139/2024, whereby the Trial Court has dismissed the said applications. 3. The respondents herein filed miscellaneous petitions under Section 92 of the CPC seeking leave of the Court to file a suit against the Trustees, making serious allegations against them. Along with the miscellaneous petitions, they filed I.A.No.1 under Order XXXIX Rules 1 and 2 of the CPC and I.A.No.2 under Order XL read with Section 151 of the CPC. Thereafter, the trial Court issued notice to the respondents on both main miscellaneous petitions as well as on I.A.Nos.1 and 2 filed in the miscellaneous petitions. In spite of granting sufficient opportunities, petitioners herein have not filed any objections. Consequently, the trial Court by order dated 20.12.2024, has treated the objections of the petitioners herein as 'not filed’. Thereafter, the petitioners herein filed I.A.Nos.IV to VI in Misc.No.1321/2024 and I.A.Nos.V to VI in Misc.No.1139/2024 to recall the order dated 20.12.2024, reopen the case to allow these petitioners to file their - 10 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 objections and to enlarged the time to file the objections either to the main petition and to I.A.Nos.1 and 2. The trial Court by impugned order dated 17.02.2025, has dismissed the said applications on the ground that the petitioners herein have not made out any valid grounds to recall the order dated 20.12.2024 or to reopen the case to enable these petitioners to file their objection either to the main petition or to I.A.Nos.1 and 2. Being aggrieved by the same, the present petitions are filed. 4. When petitioners herein received the notice from the trial Court, they had to file objections to the miscellaneous petitions filed under section 92 of the CPC as well as to I.A.Nos.1 and 2 filed in the petitions. Since in spite of granting sufficient opportunity, they failed to file objections and therefore, the trial Court has taken the objections as ‘not filed’. 5. Under these circumstances and in the interest of justice, in order to give one more opportunity, I am of the - 11 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 opinion that the petitioners herein should be permitted to file objections to the miscellaneous petitions as well as to the IAs. filed in the petitions. 6. Accordingly, I proceed to pass the following order: ORDER a) The writ petitions are allowed. b) The orders dated 17.02.2025 passed by the Principal City Civil and Sessions Judge, Bengaluru on the applications filed by petitioners herein (respondent Nos.1 to 6 and 9 therein) in Misc.Nos.1321/2024 and 1139/2024, are set aside. c) The petitioners herein are permitted to file objections to the miscellaneous petitions as well as to the I.A.Nos.1 and 2 on or before 22.03.2025 after serving copy to the other side. - 12 - NC: 2025:KHC:11610 WP No. 8245 of 2025 C/W WP No. 8242 of 2025 d) The trial Court is directed to hear the said applications filed by the petitioners herein on 22.03.2025. e) The petitioners herein are directed not to take any further adjournments in the matter. f) The parties are directed to argue on the applications on 22.03.2025. g) The trial Court is also directed to dispose of the Miscellaneous petitions on or before 09.04.2025. h) All the contentions of the parties are left open. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 2