- 1 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO. 100163 OF 2024 C/W CIVIL REVISION PETITION NO. 100164 OF 2024 IN CRP No. 100163/2024: BETWEEN: 1. DANANJAYA NARAYANARAO KULKARNI AGE. 59 YEARS, R/O. PVT BUSINESS, R/O. C/O SHRINIVAS MURTHY, NO. 4, SAI ROAD RASTE, BEHIND KADRENAHALLI PETROL PUMP, PADMANAB NAGAR, BENGALORE-560070. 2. PRAKASH MALLHARRAO DESAI AGE. 70 YEARS, OCC. AGRICULTURE, R/O. NO.71, ASAR HONDA SIDDARODHARMATH ROAD, OLD HUBBALLI-580024. 3. SHRIKANT NARAYANRAO DESHPANDE AGE. 80 YEARS, OCC. RETD., R/O. NO. 2043/2043, SIDDARODHMATH ROAD, OPP. SOMESHWAR STEEL WORKS KILLE, OLD HUBBALLI-580024. 4. PRAKASH RAMACHANDRA ANIGOL AGE. 69 YEARS, OCC. RETD. BSNL, R/O. #42, RANAKPUR LAYOUT, BEHIND SHANTINAGAR CHURCH, BENGERI, HUBBALLI-580023. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.11 15:01:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 5. ER ANAND BASAVANTRAO KULKARNI AGE. 60 YEARS, OCC. CIVIL ENGINEER, R/O. #19A, KRISHNAPUR ONI, 3RD CROSS, OLD HUBBALLI-580024. 6. SANDEEP RAMESH DESAI AGE. 45 YEARS, OCC. AUYRUVEDIC DOCTOR, R/O. #19 FORT ROAD KOTAGERI ONI, OLD HUBBALLI-580024. 7. KESAV VINAYAKA BILAGI AGE. 55 YEARS, OCC. BUSINESS, R/O. #33 LINGARAJ NAGAR, HUBBALLI-580031. 8. SANDEEOPANI SHIVANAND BANKAPUR AGE. 55 YEARS, OCC. CONSULTANT, R/O. #62 AVADHOOT BILAGI LAYOUT, MAYUR ESTATE, BEHIND KALBURGI PRESTINE, KESHWAPUR HUBBALLI-580023. 9. GURURAJ GANAPATRAO DESAI AGE. 52 YEARS, OCC. PVT. JOB, R/O. RAM NILAY 2ND LANE, NEAR MARUTI TEMPLE, PATIL LAYOUT, HUBBALLI-580031. 10. VINAY S/O. CHIDAMABARABHAT TAPAS AGE. 55 YEARS, OCC. PUROHIT, R/O. RAGHAVENDRA COLONY, BEHIND MANTRA RESIDENCY TONKERI ROAD, HUBBALLI-580030. …PETITIONERS (BY SRI. HARSH DESAI AND SRI. S.A.SONDUR, ADVOCATES) AND: 1. SHREE KRISHNENDRA GURU UTSAV SAMSTHA A REG. TRUST WHICH IS REGISTERED UNDER THE BAMBAY PUBLIC TRUST ACT, REPRESENTED BY ITS SECRETARY, SHRI. KRISHNAMURTHY PANDURANGARAO WADIKAR, - 3 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 AGE. 69 HAVING ITS OFFICE AT KELLE, OLD HUBBALLI-580024. 2. KRISHNAMURTHY PANDURANGARAO WADIKAR AGE. 69 YEARS, OCC. SECRETARY, R/O. K.P. WADIKAR, FORT ROAD 2, DIDI ONI, OLD HUBBALLI-580024. 3. MOHAN S/O. ANNAJI KULKARNI AGE. 65 YEARS, OCC. PRESIDENT, R/O. H.NO. 64, FORT ROAD 2, DIDI ONI, OLD HUBBALLI-580024. 4. NARENDRA RAMACHANDRA JOSHI AGE. 60 YEARS, OCC. RETD. BSNL, R/O. 27B/7 VEDA GURBHA, GANESH NAGAR, ANAND NAGAR ROAD, OLD HUBBALLI-580024. 5. SHIVAKUMAR SHANKARBHATT JOSHI AGE. 65 YEARS, OCC. RETD. LIC, R/O. #24/2 SHANKAR KRUPA DIDDI ONI, KILLE, OLD HUBBALLI-580024. 6. PRAKASH RAMACHANDRA DESAI AGE. 70 YEARS, OCC. RETD BANK OF BARODA, R/O. #17443/2 1ST CROSS, LATTI PETH, OLD HUBBALLI-580024. 7. DYNANESH ANAND NATU AGE. 55 YEARS, OCC. BUSINESS, R/O. #17, BHAVANA TARANG, 2ND CROSS, GUDIHAL ROAD, OLD HUBBALLI-580024. 8. BAGWANT RAMCHANDRA KULKARNI AGE. 74 YEARS, OCC. AGRICULTURE R/O. RAMCHANDRA NILAY SIDDARODHA NAGAR, DIDDARODHA MATH ROAD, OLD HUBBALLI-580024. 9. NARAYAN VENKATARAO SIRDESPANDE AGE. 84 YEARS, OCC. RETD. SERVICE, R/O. GAYATRI APARTMENT NEAR, - 4 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 DR KONNUR HOSPITAL, FORT ROAD NO. 2, OLD HUBBALLI-580024. …RESPONDENTS (BY SRI. PRAKASH JAWALKAR, ADVOCATE FOR R1 TO R4; NOTICE TO R5 TO R7 AND R9 IS SERVED; MPTOCE TP R8 IS HELD SUFFICIENT) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 28.10.2024 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI, IN OS NO.5003/2024 ON IA NO. VII; CONSEQUENTLY THE SUIT FILED IN O.S.NO.5003/2024 BEFORE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI BE DISMISSED AND ETC. IN CRP No. 100164/2024: BETWEEN: 1. PRAKASH MALLHARRAO DESAI AGE. 70 YEARS, OCC. AGRICULTURE, R/O. NO.71, ASAR HONDA SIDDARODHARMATH ROAD, OLD HUBBALLI-580024. 2. SHRIKANT NARAYANRAO DESHPANDE AGE. 80 YEARS, OCC. RETD., R/O. NO. 2043/2043, SIDDARODHMATH ROAD, OPP. SOMESHWAR STEEL WORKS KILLE, OLD HUBBALLI-580024. 3. PRAKASH RAMACHANDRA ANIGOL AGE. 69 YEARS, OCC. RETD. BSNL, R/O. #42, RANAKPUR LAYOUT, BEHIND SHANTINAGAR CHURCH, BENGERI, HUBBALLI-580023. - 5 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 4. ER ANAND BASAVANTRAO KULKARNI AGE. 60 YEARS, OCC. CIVIL ENGINEER, R/O. #19A, KRISHNAPUR ONI, 3RD CROSS, OLD HUBBALLI-580024. 5. SANDEEP RAMESH DESAI AGE. 45 YEARS, OCC. AUYRUVEDIC DOCTOR, R/O. #19 FORT ROAD KOTAGERI ONI, OLD HUBBALLI-580024. 6. KESAV VINAYAKA BILAGI AGE. 55 YEARS, OCC. BUSINESS, R/O. #33 LINGARAJ NAGAR, HUBBALLI-580031. 7. SANDEEOPANI SHIVANAND BANKAPUR AGE. 55 YEARS, OCC. CONSULTANT, R/O. #62 AVADHOOT BILAGI LAYOUT, MAYUR ESTATE, BEHIND KALBURGI PRESTINE, KESHWAPUR HUBBALLI-580023. 8. GURURAJ GANAPATRAO DESAI AGE. 52 YEARS, OCC. PVT. JOB, R/O. RAM NILAY 2ND LANE, NEAR MARUTI TEMPLE, PATIL LAYOUT, HUBBALLI-580031. 9. DANANJAYA NARAYANARAO KULKARNI AGE. 59 YEARS, R/O. PVT BUSINESS, R/O. C/O SHRINIVAS MURTHY, NO. 4, SAI ROAD RASTE, BEHIND KADRENAHALLI PETROL PUMP, PADMANAB NAGAR, BENGALORE-560070. 10. VINAY S/O. CHIDAMABARABHAT TAPAS AGE. 55 YEARS, OCC. PUROHIT, R/O. RAGHAVENDRA COLONY, BEHIND MANTRA RESIDENCY TONKERI ROAD, HUBBALLI-580030. …PETITIONERS (BY SRI. HARSH DESAI AND SRI. S.A.SONDUR, ADVOCATES) - 6 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 AND: 1. SHREE KRISHNENDRA GURU UTSAV SAMSTHA A REG. TRUST WHICH IS REGISTERED UNDER THE BAMBAY PUBLIC TRUST ACT, REPRESENTED BY ITS SECRETARY, SHRI. KRISHNAMURTHY PANDURANGARAO WADIKAR, AGE. 69 HAVING ITS OFFICE AT KELLE, OLD HUBBALLI-580024. 2. KRISHNAMURTHY PANDURANGARAO WADIKAR AGE. 69 YEARS, OCC. SECRETARY, R/O. K.P. WADIKAR, FORT ROAD 2, DIDI ONI, OLD HUBBALLI-580024. 3. MOHAN S/O. ANNAJI KULKARNI AGE. 65 YEARS, OCC. PRESIDENT, R/O. H.NO. 64, FORT ROAD 2, DIDI ONI, OLD HUBBALLI-580024. 4. NARENDRA RAMACHANDRA JOSHI AGE. 60 YEARS, OCC. RETD. BSNL, R/O. 27B/7 VEDA GURBHA, GANESH NAGAR, ANAND NAGAR ROAD, OLD HUBBALLI-580024. 5. SHIVAKUMAR SHANKARBHATT JOSHI AGE. 65 YEARS, OCC. RETD. LIC, R/O. #24/2 SHANKAR KRUPA DIDDI ONI, KILLE, OLD HUBBALLI-580024. 6. PRAKASH RAMACHANDRA DESAI AGE. 70 YEARS, OCC. RETD BANK OF BARODA, R/O. #17443/2 1ST CROSS, LATTI PETH, OLD HUBBALLI-580024. 7. DYNANESH ANAND NATU AGE. 55 YEARS, OCC. BUSINESS, R/O. #17, BHAVANA TARANG, 2ND CROSS, GUDIHAL ROAD, OLD HUBBALLI-580024. - 7 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 8. BAGWANT RAMCHANDRA KULKARNI AGE. 74 YEARS, OCC. AGRICULTURE R/O. RAMCHANDRA NILAY SIDDARODHA NAGAR, DIDDARODHA MATH ROAD, OLD HUBBALLI-580024. 9. NARAYAN VENKATARAO SIRDESPANDE AGE. 84 YEARS, OCC. RETD. SERVICE, R/O. GAYATRI APARTMENT NEAR, DR KONNUR HOSPITAL, FORT ROAD NO. 2, OLD HUBBALLI-580024. …RESPONDENTS (BY SRI. PRAKASH JAWALKAR, ADVOCATE FOR R1 TO R4; NOTICE TO R5 TO R7 AND R9 IS SERVED; MPTOCE TP R8 IS HELD SUFFICIENT) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC 1908, PRAYING TO SET ASIDE THE ORDER DATED 28.10.2024 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN OS NO.5003/2024 ON IA NO.II; CONSEQUENTLY THE SUIT FILED IN OS NO.5003/2024 BEFORE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI BE DISMISSED AND ETC. THESE CIVIL REVISION PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. 2. These petitions are filed assailing the common order dated 28.10.2024 passed on I.A.No.II and I.A.No.VII in O.S.No.5003/2024 on the file of V Additional District and Sessions Judge, Dharwad, sitting at Hubballi1. 3. The Trial Court allowed I.A.No.II, filed under Section 92 of the Code of Civil Procedure, 19082, and rejected I.A.No.VII, filed under Order VII Rule 11(D) of the Code, and accordingly granted leave to the plaintiffs to institute a suit under Section 92 of the Code. 4. The defendants are before this Court contending that the suit is not maintainable under Section 92 of the Code, and the suit ought have been filed before the regular Civil Court, as the reliefs claimed do not fall under Section 92 of the Code. It is further contented that leave could not have been granted 1 For short, ‘Trial Court’ 2 For short, ‘Code’ - 9 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 under Section 92 of the Code as the suit does not attract Section 92 of the Code. 5. Learned counsel appearing for the petitioners, inviting the attention of the Court to the prayer in the plaint, contends that the relief, particularly relief (a), a declaration to invalidate the registered trust deed, is outside the scope of Section 92 of the Code. 6. Learned counsel appearing for the respondents invites the attention of the Court to the judgment of the Apex Court in Operation Asha Vs. Shelly Batra and Others3, and contends that the said judgment has exhaustively dealt with scope of Section 92 of the Code. 7. The Court has considered the contentions raised at the Bar and perused the records. 8. Sub-paragraph No.(ii) of paragraph No.137 of the said judgment reads as under: “ii. Several decisions of this Court have outlined certain conditions or essential pre- requisites that need to be fulfilled for a suit to be 3 Civil Appeal No.10048/2025 - 10 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 maintainable under this provision. This Court in Ashok Kumar Gupta and Another Vs Sitalaxmi Sahuwala Medical Trust and Others4, delineated them as follows- (a) the trust in question must be created for public purposes of a charitable or religious nature; (b) there must exist a breach of trust or a direction of the court must be necessary for the administration of the trust; and (c) the relief claimed must be one or other of the reliefs as enumerated under Section 92(1) of the CPC. In order to successfully establish that a suit is not maintainable under Section 92, it would be sufficient to prove that any one of the conditions enumerated above has not been met, however, in order to assert its maintainability, all the aforesaid conditions need to be satisfied.” (emphasis supplied) 9. In the said paragraph the Apex Court has referred to the judgment in Ashok Kumar Gupta. The Apex Court in Ashok Kumar Gupta (supra), has laid down the conditions to attract Section 92 of the Code. 10. It is admitted fact that the Trust, is a public trust established for religious purpose, and it is alleged that there is a breach of trust by one of the trustees. 4 (2020) 4 SCC 321 - 11 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 11. One of the reliefs claimed is to recover the property from the former trustee. 12. It is also noticed from the judgment of Operation Asha (supra) that the Apex Court has referred to the decisions in Sugra Bibi Vs. Hazi Kummu Mia5, Swami Paramatmanand Saraswati Vs. Ramji Tripati6, and Vidyodaya Trust Vs. Mohan Prasad7, and has held that, in order to determine whether the reliefs claimed fall within clauses (a) to (h) of Section 92(1) of the Code, the predominant object or purpose for which the suit is filed must be ascertained by a holistic reading of the plaint. 13. On going through the averments in the plaint, this Court is of the view that the suit certainly falls under Section 92 of the Code. 14. The Trial Court has rightly rejected I.A.No.VII, and has also rightly granted leave to prosecute the suit. 15. It is made clear that the Court has not expressed anything on the merits of the claim of the parties. 5 1968 Online SC 99 6 (1974) 2 SCC 695 7 (2008) 4 SCC 115 - 12 - HC-KAR NC: 2025:KHC-D:17221 CRP No. 100163 of 2024 C/W CRP No. 100164 of 2024 16. It is also made clear that the observations made in the impugned orders passed by the Trial Court, which appear to have reflected on the merits of the claim of the parties shall not be treated as finding on merits and shall not influence the decision on merits. 17. With these observations, the petitions are dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh List No.: 1 Sl No.: 61