- 1 - HC-KAR NC: 2025:KHC-D:15386 WP No. 104448 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104448 OF 2025 (GM-CPC) BETWEEN: JNANABHARATHI EDUCATIONAL TRUST, A REGISTERED TRUST, HAVING REGISTERED OFFICE AT NO.D-3, SARJAPUR MAIN ROAD, AMBLIPURA VILLAGE, BELENDRU, BENGALURU-560 103, REPRESENTED BY ITS MANAGING TRUSTEE, SMT .UMA PRASAD W/O. N. SHIVAPRASAD, AGE. 57 YEARS. … PETITIONER (BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE) AND: 1. MAHILA VIDYAPEETH TRUST, VIDYA NAGAR, HUBBALLI, REPRESENTED BY ITS CHAIRMAN, SRI. BASANTKUMAR S/O. TIMMANAGOUDA PATIL, AGE. 78 YEARS, R/O. VIDYANAGAR, HUBBALLI, DHARWAD-580 021. 2. SRI. BASANTKUMAR PATIL, AGE. 78 YEARS, TRUSTEE OF MAHILA VIDYAPEETH TRUST, R/O. VIDYANAGAR, HUBBALLI, DHARWAD DISTRICT-580 021. 3. SMT. KEERTI TAMBAD, AGE. 51YEARS, TRUSTEE OF MAHILA VIDYAPEETH TRUST, R/O. VIDYANAGAR, HUBBALLI, DHARWAD DISTRICT-580 021. 4. SRI. RAVI PATIL, AGE. 51YEARS, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15386 WP No. 104448 of 2025 TRUSTEE OF MAHILA VIDYAPEETH TRUST, R/O. VIDYANAGAR, HUBBALLI, DHARWAD DISTRICT-580 021. 5. SMT. JYOTI JANGANNAVAR, AGE. 56 YEARS, TRUSTEE OF MAHILA VIDYAPEETH TRUST, R/O. VIDYANAGAR, HUBBALLI, DHARWAD DISTRICT-580 021. 6. SMT. AMALA KADAGAD, AGE. 56 YEARS, TRUSTEE OF MAHILA VIDYAPEETH TRUST, R/O. VIDYANAGAR, HUBBALLI, DHARWAD DISTRICT-580 021. 7. SRI. ARUN KAKHANDA, AGE. 56 YEARS, TRUSTEE OF MAHILA VIDYAPEETH TRUST, R/O. VIDYANAGAR, HUBBALLI, DHARWAD DISTRICT-580 021. 8. SRI. MALLINATH JAKKAR, AGE. 46 YEARS, TRUSTEE OF MAHILA VIDYAPEETH TRUST, R/O. VIDYANAGAR, HUBBALLI, DHARWAD DISTRICT-580 021. 9. SRI. SHIVAKUMAR T. PATIL, AGE. 51YEARS, TRUSTEE OF MAHILA VIDYAPEETH TRUST, R/O. VIDYANAGAR, HUBBALLI, DHARWAD DISTRICT-580 021. … RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE FOR R2, R6 AND R8; NOTICE TO R1, R3, R5, R7 AND R9 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 06-02-2024 PASSED IN O.S. NO.5009/2022 ON I.A. NO.1, FILED UNDER SECTION-92 READ WITH 151 OF CODE OF CIVIL PROCEDURE, SEEKING FOR LEAVE TO FILE THE SUIT, ON THE FILE OF 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, VIDE ANNEXURE-E, CONSEQUENTLY DISMISS THE SUIT. - 3 - HC-KAR NC: 2025:KHC-D:15386 WP No. 104448 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Shri K.L.Patil, learned counsel undertakes to appear on behalf of respondents No.6 and 8. Sri.K.L.Patil has already appeared on behalf of respondent No.1, which is a Trust. 2. This petition is filed assailing the order dated 06.02.2024 passed by learned V Additional District Judge, Dharwad sitting at Hubballi in O.S No.5009 of 2022. In terms of the impugned order, the application under Section 92 of the Code of Civil Procedure, 1908, (for short ‘Code’) is allowed and plaintiff is granted liberty to institute the suit against defendant. 3. Learned counsel for the petitioner-defendant would submit that the plaintiff has filed a suit to recover the rent from the defendant. Thus, the suit under Section 92 of Code, is not maintainable. - 4 - HC-KAR NC: 2025:KHC-D:15386 WP No. 104448 of 2025 4. Learned counsel for the respondents would support the impugned order. 5. This Court has considered the contentions raised at the Bar and perused the records. 6. The jurisdiction of the Court under Section 92 of the Code is well defined. Only the suits which are provided in Section 92 of Code, are maintainable before the Civil Court of Original Jurisdiction i.e., the District Court. 7. The suit which is filed before the Civil Court of Original Jurisdiction is one for recovery of rent. Such suit is not contemplated under Section 92 of Code. 8. With these observations, the petition is allowed. 9. The Trial Court shall return the plaint to the plaintiff to present the plaint before the appropriate Court having jurisdiction. The plaintiff is also permitted to make necessary changes in the plaint to suit the jurisdiction of the Court where it is presented. The corrected version of the - 5 - HC-KAR NC: 2025:KHC-D:15386 WP No. 104448 of 2025 plaint shall be presented along with the plaint which is returned. 10. The Court fee paid before the District Court has to be adjusted by the Court of competent jurisdiction where the plaint is presented. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 10