- 1 - HC-KAR NC: 2025:KHC:48306 CRP No. 75 of 2022 C/W CRP No. 189 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 75 OF 2022 (IO) C/W CIVIL REVISION PETITION NO. 189 OF 2019 IN CRP No. 75/2022 BETWEEN: 1. SRI. VITOBHA RUKMA BAI DEVARA BHANDARAM A PRIVATE RELIGIOUS TRUST HAVING ITS OFFICE AT V T ROAD MANGALURU REP BY PETITIONER NO.2 2. SRI M VARADARAYA PRABHU S/O SRI M RAMAKRISHNA PRABHU AGED ABOUT 75 YEARS MANAGING TRUSTEE VITOBHA RUKMA BAI DEVARA BHANDARAM R/AT AYODYA PATIDHAM G T ROAD MANGALORE - 575 001 …PETITIONERS (BY SRI. A. MADHUSUDHANA RAO, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48306 CRP No. 75 of 2022 C/W CRP No. 189 of 2019 AND: 1. SRI. HANUMANTHA KAMATH S/O DEVADAS KAMATH G AGED ABOUT 62 YEARS R/AT SEVANJALI CHARITABLE TRUST JODUMATT ROAD MANGALORE - 575 001 …RESPONDENT (BY SRI. SUYOG HERELE E., ADVOCATE) THIS CRP FILED UNDER SECTION 115 OF CPC 1908 AGAINST THE ORDER DATED 02.12.2021 PASSED ON IA No.12 IN OS No.1228/2014 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, MANGALORE, REJECTING THE IA No.12 FILED UNDER ORDER VII RULE 11(d) OF CPC. IN CRP NO. 189/2019 BETWEEN: 1. SRI HANUMANTH KAMATH S/O SRI DEVADAS KAMATH G AGED ABOUT 54 YEARS, SEVANJALI CHARITABLE TRUST, JODUMATT ROAD, MANGALORE - 575 001 ...PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. SRI VITTOBHA RUKMA BAI DEVARA BHANDARAM A PRIVATE RELIGIOUS TRUST, - 3 - HC-KAR NC: 2025:KHC:48306 CRP No. 75 of 2022 C/W CRP No. 189 of 2019 HAVING OFFICE AT G.T.STREET, MANGALURU REPRESENTED BY THE RESPONDENT NO.2 HEREIN 2. SRI M VARADARAYA PRABHU S/O M RAMAKRISHNA PRABHU AGED ABOUT 68 YEARS, MANAGING TRUSTEE, SRI VITTOBHA RUKMA BAI DEVARA BHANDARAM R/AT AYODHYA PATIDHAM G T STREET, MANGALURU-1 ...RESPONDENTS (BY SRI. A. MADHUSUDHANA RAO, ADVOCATE) THIS CRP IS FILED UNDER SEC.115 OF CPC., 1908 AGAINST THE ORDER DATED 04.01.2019 PASSED IN IA.NO.III OS.NO.1228/2014 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC., MANGALURU, DISMISSING THE IA.NO.III FILED UNDER ORDER VII RULE 11(a) AND 11(d) OF CPC., FOR REJECTION OF PLAINT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. A. Madhusudhan Rao, learned counsel for the petitioners and Sri. Suyog Herele E., learned counsel for the respondents. - 4 - HC-KAR NC: 2025:KHC:48306 CRP No. 75 of 2022 C/W CRP No. 189 of 2019 2. These two revision petitions are filed by the plaintiffs and defendant respectively challenging the rejection of the counter claim and rejection of the claim. 3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under: 3.1 A suit came to be filed in O.S.No.1228/2014 on the file of the IV Additional Civil Judge and JMFC, Mangalore with the following prayer: a. For a declaration that the defendant is not a lawfully appointed trustee of the 1st plaintiff Bhandaram and for consequential permanent prohibitory injunction restraining the defendant from claiming or functioning or interfering with the administration or affairs of 1st plaintiff Bhandaram, in any manner, claiming to be a trustee. Rs.1000/- b. For cost of the suit c. For such other and further reliefs as may be just and necessary under the circumstances of the case. d. TOTAL Rs.1000/- - 5 - HC-KAR NC: 2025:KHC:48306 CRP No. 75 of 2022 C/W CRP No. 189 of 2019 3.2 The defendant filed a counter claim claiming that he is the hereditory Trustee and sought for a declaratory relief stating that second defendant is not the Trustee of the first plaintiff and he should be removed. 3.3 To reject such a counter claim, plaintiff filed an application under Order VII Rule 11 of the Code of Civil Procedure whereas defendant filed an application under Order VII Rule 11 of the Code of the Civil Procedure to reject the plaint as a whole. 3.4 Learned Trial Judge after entertaining the objections from the plaintiffs and defendant in respect of those applications, noted that the trusteeship claimed by the second plaintiff and defendant is a question of fact which need to be adjudicated during the trial after permitting the parties to place necessary evidence on record. 3.5 In other words, learned Trial Judge is of the opinion that the matter requires full fledged trial and - 6 - HC-KAR NC: 2025:KHC:48306 CRP No. 75 of 2022 C/W CRP No. 189 of 2019 therefore neither the claim in the plaint nor the counter claim can be rejected at the threshold and thus dismissed both the applications. 4. Being aggrieved by the same, defendant and plaintiffs are before this Court in these revision petitions. 5. Sri. A. Madhusudhan Rao and Sri. Suyog Herele canvassing their respective contentions vehemently contended that there are serious disputes about the trusteeship of the first plaintiff-Trust inasmuch as the second plaintiff is claiming that he is the Trustee whereas the defendant claiming that he is the trustee by heredity. 6. This Court considered the rival contentions and is of the considered opinion that the question of who is the Trustee of first plaintiff cannot be decided by holding a mini trial at the threshold. 7. Matter requires detailed consideration and when there is a claim and counter claim, parties are required to place necessary evidence to substantiate their claim. - 7 - HC-KAR NC: 2025:KHC:48306 CRP No. 75 of 2022 C/W CRP No. 189 of 2019 8. Therefore, rejection of the application filed by the plaintiff as well as the application filed by defendant is just and proper and requires no interference in these revision petitions. 9. Hence, following Order: ORDER (i) Both the revision petitions are dismissed. Consequently, pending interlocutory applications are consigned to records. (ii) It is made clear that this Court has not opined anything on the merits of the matter and parties are at liberty to canvass their respective contentions in accordance with law including the pending applications. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 21 CT-SG