- 1 - HC-KAR NC: 2025:KHC:44165 CRP No. 50 of 2019 C/W CRP No. 51 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 50 OF 2019 (SC) C/W CIVIL REVISION PETITION NO. 51 OF 2019 IN CRP No. 50/2019 BETWEEN: ANIAPPA CHARITIES No.88 TO 91, DISPENSARY ROAD, BANGALORE -560 001 REPRESENTED BY ITS MANAGING TRUSTEE SRI.B. KRISHNA PRASAD AGED ABOUT 60 YEARS …PETITIONER (BY SRI S.SUBRAMANYA, ADVOCATE) AND: 1. SMT. MONIKA CHAWLA W/O SURJEET SINGH AGED NOT KNOWN C/O MS.HARYANA HANDLOOM KADHI BHANDAR PVT LTD PREMISES NO.88 TO 91 FIRST FLOOR, DISPENSARY ROAD, BENGALURU -560 001. 2. SMT. PREETI CHAWLA W/O JAGJEET SINGH AGED NOT KNOWN C/O MS. HARYANA HANDLOOM KADHI BHANDAR PVT LTD PREMISES NO.88 TO 912 FIRST FLOOR DISPENSARY ROAD, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44165 CRP No. 50 of 2019 C/W CRP No. 51 of 2019 BENGALURU -560 001. 3. B. ESHWAR PRASAD S/O LATE BALAKRISHNA PRASAD AGED ABOUT 59 YEARS NO.8, OLD NO.893, 3RD CROSS, NEHRU ROAD, KAMANAHALLI, BENGALURU -560 084. 4. K. ANAND KUMAR S/O LATE KODANDARAMULU AGED ABOUT 67 YEARS NO.23, NEW NO.13, 12TH MAIN, BTM 1ST STAGE, BENGALURU - 560 029. 5. K. SHANKAR KUMAR S/O LATE KODANDARAMULU AGED ABOUT 65 YEARS NO.27, 1ST FLOOR MARIAMMAN TEMPLE STREET, JAI BHARAT NAGAR BENGALURU – 560 033 ALSO AT LAKSHMI SHUBODAY APARTMENT 12/1, 1ST FLOOR, NEAR MARIAMMA KIOL STREET, JAI BHARATH NAGAR BENGALURU - 560 033. 6. K. VENU KUMAR S/O LATE KODANDARAMULU AGED ABOUT 60 YEARS NO.2, 80 FT ROAD, 6TH CROSS, SUBBANNAPALYA, BENGALURU -560 034. 7. ABDUR REHAMAN @ CHANDRAPRASAD S/O LATE K. BALAKRISHNA PRASAD - 3 - HC-KAR NC: 2025:KHC:44165 CRP No. 50 of 2019 C/W CRP No. 51 of 2019 AGED ABOUT 46 YEARS R/AT NO.33, 1ST MAIN ROAD, 3RD CROSS, HIDAYATHNAGAR, K G HALLI, NAGAWARA MAIN ROAD, BENGALURU -560 045 …RESPONDENTS (BY SRI RAHUL CARIAPPA, ADVOCATE FOR C/R1 AND R2; SRI N.N.RAJ URS, ADVOCATE FOR R3 TO R7; R5 IS DELETED) THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA SMALL CAUSES COURTS ACT 1964, AGAINST THE ORDER DATED 10.12.2018 PASSED ON IA IN SC.NO.1040/2014 ON THE FILE OF THE XXI ADDL.SMALL CAUSES JUDGE, BANGALORE ALLOWING THE IA FILED UNDER ORDER 7 RULE 11[D] R/W 151 OF CPC. IN CRP NO. 51/2019 BETWEEN: ANIAPPA CHARITIES NO.88 TO 91, DISPENSARY ROAD, BANGALORE-560001 REPRESENTED BY ITS MANAGING TRUSTEE SRI B KRISHNA PRASAD AGED ABOUT 60 YEARS ...PETITIONER (BY SRI S.SUBRAMANYA, ADVOCATE) AND: 1. SMT. MONIKA CHAWLA W/O SURJEET SINGH AGE NOT KNOWN C/O MS HARYANA HANDLOOM KADHI BHANDAR PVT LTD PREMISES NO.88 TO 91 FIRST FLOOR, DISPENSARY ROAD BENGALURU-560001 - 4 - HC-KAR NC: 2025:KHC:44165 CRP No. 50 of 2019 C/W CRP No. 51 of 2019 2. SRI PREETI CHAWLA W/O JAGJEET SINGH AGE NOT KNOWN C/O MS HARYANA HANDLOOM KADHI BHANDAR PVT LTD PREMISES NO.88 TO 91 FIRST FLOOR DISPENSARY ROAD BENGALURU-560001 3. B ESHWAR PRASAD S/O LATE BALAKRISHNA PRASAD AGED ABOUT 59 YEARS, NO.8, OLD NO.893, 3RD CROSS, NEHRU ROAD KAMANAHALLI BENGLAURU-560 084 4. K ANAND KUMAR S/O LATE KODANDARAMULU AGED ABOUT 67 NO.23, NEW NO.13 12TH MAIN, BTM 1ST STAGE BENGALURU-560 029 5. S.K SHANKAR KUMAR S/O LATE KODANDARAMULU AGED ABOUT 65 YEARS, NO.27, 1ST FLOOR MARIAMMAN TEMPLE STREET JAI BHARAT NAGAR BENGALURU – 560 033 ALSO AT LAKSHMI SHUBODAY APARTMENT 12/1, 1ST FLOOR, NEAR MAIRAMMA KIOL STREET JAI BHARATH NAGAR BENGALURU-560 033 - 5 - HC-KAR NC: 2025:KHC:44165 CRP No. 50 of 2019 C/W CRP No. 51 of 2019 6. K VENU KUMAR S/O LATE KODANDARAMULU AGED ABOUT 60 YEARS, NO.2, 80 FT ROAD 6TH CROSS, SUBBANNAPALYA BENGALURU-560 034 7. ABDUR REHAMAN @ CHANDRAPRASAD S/O LATE K BALAKRISHNA PRASAD AGED ABOUT 46 YEARS, RESIDING AT NO.33, 1ST MAIN ROAD, 3RD CROSS, HIDAYATHNAGAR K G HALLI, NAGAWARA MAIN ROAD, BENGALURU-560 045 ...RESPONDENTS (BY SRI RAHUL CARIYAPPA, ADVOCATE FOR C/R1 AND R2; SRI N.N.RAJ URS, ADVOCATE FOR R3 TO R7; R5 IS DELETED) THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA SMALL CAUSES COURTS ACT, 1964 AGAINST THE ORDER DATED 10.12.2018 PASSED ON IA IN SC.NO.1040/2014 ON THE FILE OF THE XXI ADDL.SMALL CAUSES JUDGE, BANGALORE ALLOWING THE IA FILED UNDER ORDER 7 RULE 11[D] R/W.151 OF CPC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 6 - HC-KAR NC: 2025:KHC:44165 CRP No. 50 of 2019 C/W CRP No. 51 of 2019 ORAL ORDER Heard Sri S Subramanya, learned counsel for the revision petitioner and Sri Rahul Cariyappa, learned counsel for respondent Nos.1 and 2. 2. Plaintiff is the petitioner in these two revision petitions, challenging the order passed by the learned Judge in the Small Causes Court, dated 10.12.2018, allowing the application filed under Order VII Rule 11 (D) r/w Section 151 of Code of Civil Procedure and rejected the plaint. 3. On perusal of the material on record it is crystal clear that the plaintiff being a charities institution, was represented by managing trustee by name Sri B. Krishna Prasad. 4. In respect of the managing trusteeship, there was an inter se dispute among the Trustees, and by way of a resolution, said B. Krishna Prasad was removed from the post of managing trustee and a document was placed on record before the trial Court. In fact, removal of B. Krishna Prasad - 7 - HC-KAR NC: 2025:KHC:44165 CRP No. 50 of 2019 C/W CRP No. 51 of 2019 from the managing trusteeship is not disputed and there is already a civil suit is filed about the improper dismissal of said Krishna Prasad from the managing trusteeship which is pending in O.S.No.5354/2021. 5. Suffice to say that if the plaintiff succeeds in the said suit, M/s Anniappa Charities can file a fresh suit against the respondents who are the tenants, as for filing of an ejectment suit by issuing a fresh notice under Section 106 of the Transfer of Property Act is a continuous cause of action month by month. 6. With that observation, rejection of the plaint needs to be upheld. 7. It is made clear that till such time, the tenant shall deposit the rents before the Court either in O.S.No.5354/2021 or in the present petition itself to the account of the trust as and when it occurs. 8. With the above observations, following order is passed: - 8 - HC-KAR NC: 2025:KHC:44165 CRP No. 50 of 2019 C/W CRP No. 51 of 2019 ORDER (i) Civil Revision Petitions stand dismissed. (ii) No order as to costs. Sd/- (V SRISHANANDA) JUDGE MR