- 1 - HC-KAR NC: 2025:KHC:34589 CRP No. 560 of 2025 C/W WP No. 26142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 560 OF 2025 (IO) C/W WRIT PETITION NO. 26142 OF 2025 (GM-CPC) IN CRP No. 560/2025 BETWEEN: 1. BOWRING INSTITUTE A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING ITS REGISTERED OFFICE AT NO.19, ST. MARKS'S ROAD, BENGALURU – 560 001. REPRESENTED BY ITS HON. SECRETARY. MR.H.S.SRIKANTH. 2. H.S.SRIKANTH MAJOR IN AGE SECRETARY BOWRING INSTITUTE OFFICE AT NO. 19, ST. MARK'S ROAD, BENGALURU – 560 001. …PETITIONERS (BY SRI K.G.RAGHAVAN, SR.ADVOCATE FOR SRI K.B.S.MANIAN, ADVOCATE) Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34589 CRP No. 560 of 2025 C/W WP No. 26142 of 2025 AND: S.BHASKAR S/O LATE K.SUNDER RAJ, AGED ABOUT 70 YEARS, RESIDING AT NO. 506, JAYALAKSHMI NIVAS, 40TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU – 560 082. …RESPONDENT (BY SRI M.R.RAJAGOPAL, SR.ADVOCATE FOR SRI SHRIKANTA SHARMA, ADVOCATE) THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC., PRAYING TO, DECLARE THAT THE SUSPENSION/SHOW CAUSE NOTICE DATED 28.05.2025 UNILATERALLY ISSUED BY THE DEFENDANT NO.2 TO THE PLAINTIFF VIOLATING THE RULES AND BY-LAWS OF THE DEFENDANT NO.1 INSTITUTION AS NULL AND VOID AND ETC., IN WP NO. 26142/2025 BETWEEN: 1. MR.S.BHASKAR S/O LATE K.SUNDARARAJ AGED ABOUT 70 YEARS RESIDING AT NO.506 JAYALAKSHMI NIVAS 40TH CROSS, 8TH BLOCK JAYANAGARA BENGALURU – 560 082. ...PETITIONER (BY SRI M.R.RAJAGOPAL, SR.ADVOCATE FOR - 3 - HC-KAR NC: 2025:KHC:34589 CRP No. 560 of 2025 C/W WP No. 26142 of 2025 SRI SHRIKANTA SHARMA, ADVOCATE) AND: 1. BOWRING INSTITUTE A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING ITS REGISTERED OFFICE AT NO.19, ST.MARKS ROAD BENGALURU – 560 001 REPRESENTED BY ITS HON.SECRETARY MR.H.S.SRIKANTH. 2. MR.H.S.SRIKANTH HON.SECRETARY BOWRING INSTITUTE AGED ABOUT MAJOR HAVING OFFICE AT NO.19, ST.MARKS ROAD BENGALURU – 560 001. ...RESPONDENTS (BY SRI K.G.RAGHAVAN, SR.ADVOCATE FOR SRI K.B.S.MANIAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECTING THE HON. TRIAL COURT IN O.S. NO. 4804 OF 2025 ON THE FILE OF THE XI ADDL. CITY CIVIL AND SESSIONS COURT, BENGALURU (CCH-5) TO CONSIDER AND DISPOSE OF THE INTERLOCUTORY APPLICATIONS NO.1 TO 3 FILED BY THE PETITIONER THEREIN UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, IN ACCORDANCE WITH LAW AND ON THEIR OWN MERITS, WITHIN SUCH TIME AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER IN THE INTEREST OF JUSTICE AND - 4 - HC-KAR NC: 2025:KHC:34589 CRP No. 560 of 2025 C/W WP No. 26142 of 2025 EQUITY AND ETC., THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER CRP NO.560 OF 2025: The petitioners are before this Court seeking the following prayers: “1. Set aside the order dated 17.07.2025 (Annexure A) in OS No.4804/2025 on the file of the IX Addl. City Civil and Sessions Judge (CCH-5) as it fails to consider the memo reporting that the suit has become infructuous. 2. Dismiss the suit bearing OS No. 4804/2025 on the file of the IX Addl. City Civil and Sessions Judge at Bengaluru (CCH-05) as having become infructuous in the interest of justice and equity.” 2. Heard the learned senior Counsel K.G. Raghavan along with K.B.S. Manian appearing for the petitioners and the learned senior Counsel M.R. Rajagopal representing the respondent. - 5 - HC-KAR NC: 2025:KHC:34589 CRP No. 560 of 2025 C/W WP No. 26142 of 2025 3. The petitioners are Bowring Institute and its Secretary (hereinafter referred to as ‘the Institute’ for short). They are before this Court calling in question the very institution and continuance of the suit in OS No. 4804 of 2025 instituted by the respondent/plaintiff. 4. The plaintiff institutes the aforesaid suit seeking the following prayer: “a. Declare that the Suspension/ show cause notice dated 28.05.2025 unilaterally issued by the defendant No.2 to the plaintiff violating the rules and By-laws of the defendant No.1 Institution as null and void and; b. Permanently restraining the defendant No.1 and 2, their men (including the staff of the defendant No.1 institution) from interfering with the free movement of the plaintiff in the defendant No.1 Institution/club to enjoy the facilities of the club as a member and; c. Permanently restraining the defendant No.2 and other members, who are in hand in glove with the defendant No. 2, from initiating with the purchase of the land for the establishment of Bowring Institute II without following the rules and regulations and the By-Laws of the Defendant No.1 Institution and; d. To Pass such other orders as this Hon'ble Court deems fit in the interests of Justice and Equity.” What triggered the institution of the suit is the suspension of the plaintiff from the Membership of the Institute - 6 - HC-KAR NC: 2025:KHC:34589 CRP No. 560 of 2025 C/W WP No. 26142 of 2025 contemplating initiation of an enquiry. In terms of the Rules and bylaws, the plaintiff was placed under suspension. During the subsistence of the suit, the suspension comes to be revoked on their own volition. The second prayer was to restrain the defendants 1 and 2/ the petitioners herein, from interfering with the free movement of the plaintiff in the institution and enjoy all the facilities of the club as a member. In the light of the suspension being revoked, the free walk of the plaintiff and usage of the facilities in the club would not become an impediment. Therefore, the prayers (a) and (b) that are sought by the plaintiff in the said suit, as on today, are rendered infructuous. 5. The learned senior counsel Sri M.R. Rajagopal appearing for the respondent/plaintiff would submit that they are indeed rendered infructuous and would not survive for consideration. The third prayer is, to permanently restrain the defendant no. 2 or other members from initiating purchase of land for establishment of Bowring Institute-II. The purchase of land appears to have become the bone of contention in the lis. Be that as it may. The civil revision petition being preferred on - 7 - HC-KAR NC: 2025:KHC:34589 CRP No. 560 of 2025 C/W WP No. 26142 of 2025 the score that there is no cause left for the plaintiff to continue with the suit is sans acceptance, in the light of the fact that prayer (c) is still subsisting, according to the plaintiff. 6. The learned senior counsel for the petitioners submits that an application under Order VII Rule 11 of the CPC filed by the present petitioners is also pending consideration. Likewise, the application filed under Order XXXIX Rule 1 and 2 of the CPC, by the respondent/plaintiff in the companion petition W.P.No.26142 of 2025 is also pending adjudication before the concerned Court. 7. In that light, I deem it appropriate to dispose both the petitions, with a direction to the concerned Court to answer the applications filed under Order XXXIX Rule 1 and 2 of the CPC and under Order VII Rule 11 of the CPC, seeking rejection of the plaint, within an outer limit of 2 weeks from the date of receipt of the copy of this order. The parties to the lis are at liberty to seek any appropriate relief from the hands of the concerned Court. - 8 - HC-KAR NC: 2025:KHC:34589 CRP No. 560 of 2025 C/W WP No. 26142 of 2025 Petitions stand disposed accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 64