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2025 DAILYLAW 69712 (KAR)

THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST v. A NARASIMHAMURTHY

CRP/223/2020 · 2025-12-04

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 223 OF 2020 (SC) C/W CIVIL REVISION PETITION NO. 224 OF 2020 (SC) CIVIL REVISION PETITION NO. 230 OF 2020 (SC) CIVIL REVISION PETITION NO. 238 OF 2020 (SC) CIVIL REVISION PETITION NO. 239 OF 2020 (SC) CIVIL REVISION PETITION NO. 161 OF 2021 (SC) CIVIL REVISION PETITION NO. 191 OF 2021 (SC) IN CRP No.223/2020 BETWEEN: THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE, 75 MILLERS ROAD, BENSON TOWN, BENGALURU - 560046, BY ITS SOLE TRUSTEE RT REV. DR. PETER MACHADO, ARCHBISHOP OF BANGALORE. …PETITIONER (BY SRI JOSEPH ANIL KUMAR A, ADVOCATE) AND: A NARASIMHAMURTHY, SON OF SRI ADHEPPA, AGED ABOUT 50 YEARS, SHOP NO.02, SHOPPING COMPLEX OF ST FRANCIS XAVIER CHURCH, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS M G ROAD, CHICKABALLAPURA - 562101. …RESPONDENT (BY SRI BHANUPRAKASH V G, ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF KARNATAKA SMALL CAUSE COURTS ACT 1964 AGAINST THE JUDGMENT AND DECREE DATED 10.10.2019 PASSED IN SMALL CAUSE NO.11/2012 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE AND JMFC., AT CHICKBALLAPURA DISMISSING THE SUIT FOR EVICTION, RECOVERY OF POSSESSION, DAMAGES AND ARREARS OF RENT. IN CRP NO. 224/2020 BETWEEN: THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOP'S HOUSE 75, MILLERS ROAD, BENSON TOWN BENGALURU - 560046, BY ITS SOLE TRUSTEE RT. REV. DR. PETER MACHADO ARCHBISHOP OF BANGALORE. ...PETITIONER (BY SRI JOSEPH ANIL KUMAR A,ADVOCATE) AND: SRI C SRINIVAS MUDALIAR, SON OF THE LATE SRI CHAKRAVARTHI MUDALIAR, ABOUT 70 YEARS, SHOP NO 01 SHOPPING COMPLEX OF ST FRANCIS XAVIER CHURCH M G ROAD, CHICKABALLAPURA - 562101. ...RESPONDENT (BY SRI BHANUPRAKASH V G,ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL CAUSE COURTS ACT 1964 AGAINST THE JUDGMENT AND DECREE DATED 10.10.2019 PASSED - 3 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS IN SMALL CAUSE NO.3/2013 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE AND JMFC., AT CHICKBALLAPURA DISMISSING THE SUIT FOR EVICTION, RECOVERY OF POSSESSION, DAMAGES AND ARREARS OF RENT. IN CRP NO. 230/2020 BETWEEN: THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE, 75, MILELRS ROAD, BENSON TOWN, BENGALURU-560046, BY ITS SOLE TRUSTEE RT. REV. DR. PETER MACHADO, ARCHBISHOP OF BANGALORE. ...PETITIONER (BY SRI JOSEPH ANIL KUMAR A,ADVOCATE) AND: HAJI S A KHUDDUS S/O LATE SYED IMAM SAHEB MADEENA SEEDS, SHOP NO.5, SHOPPING COMPLEX OF ST. FRANCIS XAVIER CHURCH, PROPERTY NO.600/548 M G ROAD, CHICKBALLAPURA, SINCE DECEASED BYHIS LRS. 1. K S NOORULLA SON OF THE LATE HAJI S A KHUDDUS SINCE DECEASED BY HIS LRS. 1(a) SALMA, W/O THE LATE NOORULLA, AGED ABOUT 50 YEARS, R/AT MANCHANABELE VILLAGE, CHICKBALLAPUR TALUK - 562101. - 4 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS 1(b) TAHER, D/O THE LATE NOORULLA, AGED ABOUT 34 YEARS, R/AT SHAID NAGAR, KOLAR. 1(c) NASEER, S/O THE LATE NOORULLA, AGED ABOUT 32 YEARS, R/AT MANCHANABELE VILLAGE, CHICKBALLAPUR TALUK - 562101. 1(d) MANSOOR, S/O THE LATE NOORULLA, AGED ABOUT 30 YEARS R/AT MANCHANABELE VILLAGE CHICKBALLAPUR TALUK - 562101. 2. K S MISKIN, S/O LATE KHUDDUS, R/AT MUNICIPAL LAYOUT, WARD NO.6, CHICKBALLAPUR - 562101. 3. K S REYAZ, S/O LAT KHUDDUS, AGED ABOUT 53 YEARS, R/AT MANCHANABELE VILLAGE, CHICKBALLAPUR TALUK - 562101. 4. K S MAHABOOB JAN, S/O LATE KHUDDUS, AGED ABOUT 51 YEARS, R/AT NEAR ALKALAM SCHOOL, JAIBHEEM NAGAR, CHICKBALLAPUR TOWN - 562101. 5. K S ISMAIL, S/OLATE KHUDDUS, AGED ABOUT 49 YEARS, R/NEAR CHURCH, - 5 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS BHUVANESHWARNAGAR, BANGALORE - 560032. 6. JIGUNU, D/OLATE KHUDUS, AGED ABOUT 50 YEARS, R/NEAR POLICE STATION, DINNUR MAIN ROAD, R T NAGAR, BANGALORE - 560032. ...RESPONDENTS (BY SRI BHANUPRAKASH V G, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSE COURTS ACT 1964, AGAINST THE JUDGMENT AND DECREE DATED 07.01.2020 PASSED IN SMALL CAUSE NO.1/14 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPURA, DISMISSING THE SUIT FOR RECOVERY OF POSSESSION AND ARREARS OF RENT. IN CRP NO. 238/2020 BETWEEN: THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST, HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE, 75, MILLERS ROAD, BENSON TOWN, BENGALURU - 560046, BY ITS SOLE TRUSTEE, RT. REV. DR. PETER MACHADO, ARCHBISHOP OF BANGALORE. ...PETITIONER (BY SRI JOSEPH ANIL KUMAR A,ADVOCATE) AND: 1. K S NAGABUSHAN, - 6 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS AGED ABOUT 48 YEARS, 2. SRI. K S MANJUNATH, AGED ABOUT 44 YEARS, BOTH SONS OF LATE. SRI. K C SREERAMAIAH, SHOP NO.26, SHOPPING COMPLEX OF ST. FRANCIS XAVIER CHURCH, MG ROAD, CHICKBALLAPURA - 562101. ...RESPONDENTS (BY SRI BHANUPRAKASH V G, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSES COURT ACT 1964 AGAINST THE JUDGMENT AND DECREE DATED 10.10.2019 PASSED IN SC.No.5/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA DISMISSING THE SUIT FOR RECOVERY OF POSSESSION, DAMAGES AND ARREARS OF RENT. IN CRP NO. 239/2020 BETWEEN: THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST, HAVING ITS REGISTERED OFFICE AT ARCHBISHOP'S HOUSE, 75, MILLERS ROAD, BENSON TOWN, BENGALURU 560046, BY ITS SOLE TRUSTEE, RT. REV. DR. PETER MACHADO, ARCHBISHOP OF BANGALORE, ...PETITIONER (BY SRI JOSEPH ANIL KUMAR A, ADVOCATE) AND: N BALAKRISHNA, S/O. SRI. T NARAYANAPPA, SHOP NO. 36, SHOPPING COMPLEX OF ST. FRANCIS XAVIER CHURCH, - 7 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS M.G. ROAD, CHICKBALLAPURA - 562101. ...RESPONDENT (BY SRI BHANUPRAKASH V G.,ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSE COURTS ACT 1964, AGAINST THE JUDGMENT DATED 10.10.2019 PASSED IN SMALL CAUSE NO.7/2012 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPURA, DISMISSING THE SUIT FOR RELIEF OF EVICION, RECOVERY OF POSSESSION, DAMAGES AND ARREARS OF RENT. IN CRP NO. 161/2021 BETWEEN: THE ARCHIDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE, 75, MILLERS ROAD, BENSON TOWN, BENGALURU - 560 046, BY ITS SOLE TRUSTEE, MOST REV DR. PETER MACHADO, ARCHBISHOP OF BANGALORE. ...PETITIONER (BY SRI JOSEPH ANIL KUMAR A,ADVOCATE) AND: SRI K H RAJU, S/O C S HANUMAIAH, AGED ABOUT 58 YEARS, R/AT SHOP NO.18, SHOPPING COMPLEX, OF ST. FRANCIS XAVIER CHURCH, M G ROAD, CHICKABALLAPURA - 562 101, ALSO RESIDING AT GOVERNMENTS FACTORY SIDDHALIGATTA ROAD, CHICKKABALAPURA TOWN. ...RESPONDENT - 8 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS (BY SRI BHANUPRAKASH V G.,ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSE COURTS ACT 1964, AGAINST THE JUDGMENT AND DECREE DATED 01.03.2021 PASSED IN SC.NO.8/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE SUIT FOR RECOVERY OF POSSESSION, DAMAGES AND ARREARS OF RENT. IN CRP NO. 191/2021 BETWEEN: THE ARCHDIOCESE OF BANGALORE A PULIC RELIGIOUS CHARITALE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE, 75 MILLERS ROAD, BENSON TOWN, BEGALURU-560046 BY ITS SOLE TRUSTEE, MOST REB.DR.PETER MACHADO, ARCHBISHOP OF BAGALORE. ...PETITIONER (BY SRI JOSEPH ANIL KUMAR A,ADVOCATE) AND: SRI C S NARAYANASWAMY (DECEASED) BY HIS L.R. 1. SRI.KIRAN KUMAR S/O THE LATE SRI.C.S.NARAYANASWAMYM AGED ABOUT 46 YEARS, SHOP NO.4, SHOPPIG COMPLEX OF ST.FRANCIS XAVIER CHURCH, M.G.ROAD, CHICKABALLAPURA-562 101. ...RESPONDENT (BY SRI BHANUPRAKASH V G.,ADVOCATE) - 9 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSE COURTS ACT 1964, AGAINST THE JUDGMENT AND DECREE DATED 01.03.2021 PASSED IN SC.NO.6/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE SUIT FOR RECOVERY OF POSSESSION, DAMAGES AND ARREARS OF RENT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the petitioner in all these petitions has filed memos seeking to withdraw the petitions. Memos read as under: "The petitioner in the above case, craves leave of this Hon'ble Court to withdraw the revision petition with liberty to file comprehensive suit for Declaration, possession and mesne Profit before the jurisdiction Court. Hence the present petition may be dismissed as withdrawn with Liberty in the interest of justice and equity." 2. Memos are taken on record. - 10 - HC-KAR NC: 2025:KHC:50885 CRP No. 223 of 2020 C/W CRP No. 224 of 2020 CRP No. 230 of 2020 AND 4 OTHERS 3. Accordingly, the Civil Revision Petitions are dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE GVP List No.: 1 Sl No.: 36