- 1 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 22878 OF 2022 (GM-CPC) BETWEEN: 1. SRI G MAHESHWARIAH SINCE DECEASED REP. BY LEGAL HEIRS. 1a. SMT. REVATHI AGED ABOUT 68 YEARS W/O LATE G. MAHESHWARIAH. 1b. SRI RAKESH M AGED ABOUT 40 YEARS S/O LATE G. MAHESHWARIAH. BOTH ARE RESIDING AT NO.47 15TH CROSS, MALLESHWARAM BENGALURU - 560 003. 1c. SMT. RANJEETHA SANTHOS AGED ABOUT 45 YEARS D/O LATE G. MAHESHWARIAH R/AT NO.202, 2ND MAIN 14TH CROSS, HIG LAYOUT RMV, 2ND STAGE, BEHIND RMV CLUB BENGALURU - 560 094. …PETITIONERS (BY SRI SHEKAR SHETTY, ADV., FOR SRI RANGARAMU V, ADV.) AND: 1. SRI G. SHADAKSHARI @ VASANTH SINCE DECEASED REP BY HIS LEGAL HEIRS SMT. G. SHATHA KUMARI Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 AGED ABOUT 73 YEARS W/O LATE G SHADAKSHARI @ VASANTH. 2. SRI S. SHANKAR AGED 43 YEARS S/O LATE G SHADAKSHARI @ VASANTH. 3. SRI S. SACHINNA AGED 41 YEARS S/O LATE G. SHADAKSHARI @ VASANTH. 4. SMT. ANITHA AGED 40 YEARS D/O LATE G. SHADAKSHARI @ VASANTH. ALL ARE RESIDING AT NO.34 1ST ANJANEYA ROAD SHESHADRIPURAM BENGALUGU - 560 020. 5. T.S. SUBBANNA SARVAJANIKA EDUCATIONAL TRUST VIDYARANYAPURAM MYSURU, REP. BY ITS TRUSTEES SRI C S NIRANJAN KUMAR PRESIDENT OF THE ABOVE TRUST S/O C M SHIVAMALLAPPA AGED ABOUT 51 YEARS R/AT CHOWDANAHALLI VILLAGE HUNDIPURA POST HANGALA HOBLI GUNDLUPET TALUK CHAMARAJANGAGARA DISTRICT - 571 111. 6. SRI G.C. RAJANNA S/O CHIKKANAIAH AGED ABOUT 66 YEARS R/AT NO.1 BLOCK NO.7 JSS NAGARA DR RAJKUMAR ROAD MYSURU, MYSURU DISTRICT. 7. SMT. B. SUVARNADEVI W/O P.N. PUTTAMALLEGOWDA AGED ABOUT 69 YEARS R/AT NO.2876, DIWAN POORNAIAH STREET, BESIDE GOVT SCHOOL - 3 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 SRIRANGAPATTANA TOWN MANDYA DISTRICT - 571 438. 8. SRI B. NAGARAJA MURTHY S/O LATE BOREGOWDA AGED ABOUT 65 YEARS RESIDING AT NO.545 HIG VIMANA 8TH MAIN H BLOCK 3RD CROSS RAMAKRISHNA NAGAR MYSURU. 9. SMT. H.M. VASANTHAMMA W/O DR. NEELISIDDAIAH AGED ABOUT 72 YEARS R/AT NO.MIG 37 VASANTHA MAHAL HUDCO GANGOTHRI LAYOUT MYSURU - 570 009. 10. SRI D.G. SOMASHEKARA MURTHY S/O LATE G. GURU SWAMY AGED ABOUT 58 YEARS R/AT NO.156, GOWRISHANKARA NAGAR, MYSURU - 560 025. 11. SRI D. NAGUNAIK S/O LATE DURGANAIK AGED ABOUT 65 YEARS R/AT NO.347 20TH MAIN ROAD J.P. NAGAR 2ND STAGE MYSURU - 570 008. 12. SRI DR. P.N. HARISH S/O LATE NANJEGOWDA AGED ABOUT 65 YEARS R/AT NO.164-2ND MAIN ROAD BEHIND GANAPATHI TEMPLE ROAD VIJAYASHREEPURA MYSURU - 570 006. 13. SRI DR. A.S. CHANDRASHEKAR S/O LATE A.G. SUBBA RAO AGED ABOUT 65 YEARS R/AT NO.62 OMKAR LAYOUT J.P. NAGAR MYSURU. - 4 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 …RESPONDENTS (BY SRI R.S. RAVI, SR. COUNSEL FOR SRI AKARSH KUMAR GOWDA, ADV., FOR R-5 TO R-9, R-11 TO R13 R-10 SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR MODIFY THE IMPUGNED ORDER PASSED ON I.A.NO.1/2021 AND I.A.NO 2/2021 IN O.S.NO 147/2021 DATED 04.02.2022 , PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND CJM AT CHAMARAJANAGAR. A COPY AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court under Article 227 of the Constitution of India, with a prayer to set aside the order dated 04.02.2022 passed on IA.nos.1 & 2 in O.S.No.147/2021 by the Court of Senior Civil Judge & CJM, Chamarajanagara, and the order dated 20.08.2022 passed in M.A.No.2/2022 by the Court of Prl. District & Sessions Judge, Chamarajanagara. 2. Heard the learned Counsel for the parties. 3. O.S.No.147/2021 is filed before the jurisdictional Civil Court at Chamarajanagara, with prayers to declare that the plaintiffs are the lawful owners of the suit schedule property, - 5 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 and also declare the judgment and decree dated 29.05.2018 passed in R.F.A.No.1139/2010 and the order dated 31.07.2018 passed in R.P.No.220/2018, are nullity in the eye of law and non-est. 4. In the said suit, IA.no.1 was filed under Order XXXIX Rules 1 & 2 read with Section 151 CPC, with a prayer to restrain the defendants, their men or anybody claiming under them, from obstructing the possession and enjoyment of the suit schedule property by the plaintiffs. IA.no.2 was filed under Order XXXIX Rules 1 & 2 read with Section 151 CPC, with a prayer to restrain the defendants from alienating the suit schedule property during the pendency of the suit. 5. The said applications were opposed by the contesting defendants by filing objections. The Trial Court vide order dated 04.02.2022 dismissed IA.nos.1 & 2 filed in O.S.No.147/2021, and the said order has been confirmed by the Appellate Court in M.A.No.2/2022 by order date 20.08.2022. Aggrieved by the aforesaid two orders, plaintiffs in O.S.No.147/2021 are before this Court. - 6 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 6. Learned Senior Counsel appearing for the petitioners having reiterated the grounds urged in the petition, submits that the suit in O.S.No.71/1986 was a suit under Section 92 of CPC. Prior permission of the Court was not obtained before filing the plaint in O.S.No.71/1986. Therefore, the judgment and decree passed in the said suit cannot be executed. Defendants in the present suit are trying to take advantage of the judgment and decree in O.S.No.71/1986 and are trying to interfere with the possession of the suit schedule property by the plaintiffs/petitioners. He submits that a judgment and decree passed without jurisdiction by any court cannot be executed, and the same is a nullity. In support of his arguments, he has placed reliance on the judgments of the Hon'ble Supreme Court in the case of DEVASAHAYAM (DEAD) BY LRS. VS P.SAVITHRAMMA & OTHERS - (2005)7 SCC 653, B.S.ADITYAN & OTHERS VS B.RAMACHANDRAN ADITYAN & OTHERS - AIR 2004 SC 3448, DWARKA PRASAD AGARWAL VS B.D.AGARWAL - (2003)6 SCC 230. 7. Learned Senior Counsel appearing for the respondent has argued in support of the orders impugned. - 7 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 8. Perusal of the material on record would go to show that O.S.No.71/1986 was filed before the jurisdictional Civil Court at Mysuru invoking Section 92 of CPC and petitioners herein are party defendant nos.5 & 6 in the said suit. The said suit was clubbed with O.S.No.2/2002 and a common judgment was passed on the aforesaid suits, partly decreeing the suits. Challenging the judgment and decree passed in OS No.71/1986 and OS No.2/2002, defendant no.3 in OS No.71/1986 had filed RFA No.1132/2010 and plaintiffs in OS No.2/2002 had filed RFA No.1139/2010 before this Court. The Co-ordinate Bench of this Court by judgment and decree dated 29.05.2018 had dismissed R.F.A.No.1132/2010 and R.F.A.No.1139/2010 and the common judgment and decree passed in O.S.No.71/1986 and O.S.No.2/2022 was modified as under: "(a) RFA 1132/2010 is dismissed with costs. (b) RFA 1139/2010 is also dismissed without costs. (c) Judgments and decrees in O.S.71/1986 and O.S.2/2002 are modified in the following manner:- (i) The first defendant in O.S.No.71/1986 Sri Mahanta Swamiji of Devanur Mutt is ordered to be removed from the trust. - 8 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 (ii) The trial court is directed to frame a scheme for appointing new trustees. This process shall be completed within six months from the date of receipt of records. (iii) The sale deed/deeds executed by Sri Mahanta Swamiji on 6.1.1986 and registered on 29.8.1986 in favour of defendants 5 and 6 namely G.Maheshwara and G.shadakshara respectively in O.S.71/1986 with respect of 32 acres 9 guntas of land at Haradanahalli, H.D.Kote Taluk, is/are declared as invalid and not binding on the trust. These defendants are directed to hand over the possession of the said land to the trust. (iv) The administrators are directed to administer and manage the affairs of the trust till a scheme is framed and new trustees are appointed. They are also directed to hand over charge to the new trustees appointed under a scheme to be framed by the District Court. (v) The administrators shall handover all the properties, movable and immovable and such other thing or things, belonging to the trust and books of accounts and other registers and documents of the trust that are with them to the new trustees and shall also render accounts to the new trustees. (d) I.A.No.5/2017 and I.A.No.1/2018 are dismissed. (e) The Registry of this Court is hereby directed to transmit the records to District Court Mysuru immediately to enable it to frame a scheme." - 9 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 9. The petitioners herein had filed R.P.No.220/2018 with a prayer to review the judgment and decree passed in R.F.A.No.1132/2010 and the said review petition was dismissed by this Court on 31.07.2018. Thereafter, the petitioners had approached the Hon'ble Supreme Court assailing the judgment and decree passed by this Court in R.F.A.No.1139/2010 dated 29.05.2018 and the order passed in R.P.No.220/2018 dated 31.07.2018. It appears that the special leave petitions filed by the petitioners herein in SLP(C).Nos.18992-993/2019 were dismissed as withdrawn by the Hon'ble Supreme Court on 07.09.2021. The Hon'ble Supreme Court having permitted the petitioners to withdraw the special leave petitions, has specifically observed in its order dated 07.09.2021 as under: "Needless to say that the decree passed by the High Court in Regular First Appeal No.1139 of 2010 has become executable forthwith." 10. This Court in R.F.A.No.1132/2010 c/w R.F.A.No.1139/2010 has recorded a finding that the sale deed/deeds executed by Mahanta Swamiji (defendant no.1 in O.S.No.71/1986) on 06.01.1986 and registered on 29.08.1986 in favour of defendant nos.5 & 6 viz., G.Maheshwara and - 10 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 G.Shadakshara, who are petitioners herein in respect of property measuring 32 guntas 9 guntas of land at Haradanahalli, H.D.Kote Taluk, are invalid and not binding on the Trust, and it was specifically observed that these defendants viz., defendant nos.5 & 6 who are the petitioners herein, are directed to hand over possession of the said land to the Trust. This finding recorded by this Court has attained finality in view of the order passed by the Hon'ble Supreme Court in SLP(C).Nos.18992-993/2019, wherein it is held that the decree passed by the High Court in R.F.A.No.1139/2010 has become executable forthwith. 11. On the face of the aforesaid order, the Trial Court as well as the Appellate Court were fully justified in passing the impugned orders. The judgments on which reliance has been placed by the learned Senior Counsel appearing for the petitioners cannot be made applicable to the present case having regard to the facts and circumstances of the present case, more so since the Hon'ble Supreme Court has observed while dismissing the special leave petitions that the decree passed by this Court in R.F.A.No.1139/2010 is executable - 11 - HC-KAR NC: 2025:KHC:47082 WP No. 22878 of 2022 forthwith. Under the circumstances, I am of the opinion that this writ petition is liable to dismissed. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK