- 1 - HC-KAR NC: 2025:KHC:51425 WP No. 15388 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO.15388 OF 2020 (GM-CPC) BETWEEN: 1. KURUBARAPET ANJANEYASWAMY TEMPLE TRUST REPRESENTED BY PRESIDENT OF THE TRUST SRI. R. NARAYANA S/O LATE RANGAPPA, AGED ABOUT 91 YEARS, R/AT MASHALI NILAYA, OLD TILES FACTORY, NEAR BUS STOP, BANGARAPETE CIRCLE, KOLAR - 563 130 2. KURUBARAPET ANAJANEYASWAMY TEMPLE TRUST KOLAR OWN KOLAR, REPRSENTED BY ITS TREASURER /TRUST SRI. K. S. RAJAGOPAL, S/O LATE K. N. SHESHAPPA, AGED ABOUT 68 YEARS, R/AT 2ND MAIN, 5TH CROSS, BEERESHWRA TEMPLE BLOCK, KURUBARA PETE, KOLAR CITY - 563 130 …PETITIONERS (BY SRI. SRIDHAR B.R, ADVOCATE FOR SRI. M. SHIVAPRAKASH., ADVOCATE) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51425 WP No. 15388 of 2020 AND: 1. SMT. PARVATHAMMA W/O D. KRISHNAPPA, AGED ABOUT 74 YEARS, 2. SMT. R. RANGAMMA W/O D. KRISHNAPPA, AGED ABOUT 68 YEARS, BOTH ARE RESIDING AT II CROSS, KURUBARAPET KOLAR CITY - 563 130 3. SRI. K. MUNIVENKATAPPA S/O LATE ANKE GOWDA, AGEDA BOUT 93 YEARS, R/AT BY THE SIDE OF NH-4 BYE-PASS ROAD, NEAR PETROL BUNK, BANGALORE - 560 064 4. SRI. GUNDAPPA S/O N. VENKATA RAVANAPPA, AGED ABOUT 83 YEARS, CONTRCTOR, 1ST MAIN, KURUBARAPET, KOLAR CITY - 563 130 5. SRI. KRISHNAPPA S/O LATE DASAPPA, AGED ABOUT 78 YEARS, R/O 2ND CROSS, KURUBARAPET, KOLAR CITY - 563 130 …RESPONDENTS (BY SRI. MAHENDRAPAL, ADVOCATE FOR SRI. UMESH B N., ADVOCATE FOR C/R1 & R2; VIDE ORDER DATED 08.03.2021, NOTICE TO R3-R5 IS DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC:51425 WP No. 15388 of 2020 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER ON I.A.NO.6 DATED 11.02.2020 PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC AT KOLAR IN O.S.NO.88/2012 AT ANNEXURE-J CONSEQUENTLY TO ALLOW THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER 1 RULE 10(2) OF CPC AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set-aside the order dated 11.02.2020 passed on IA No.16 in OS No.88/2012 by the Court of II Addl. Civil Judge and JMFC, Kolar. 2. Heard the learned counsel for the parties. 3. OS No.88/2012 is filed by respondent Nos.1 and 2 herein before the jurisdictional Civil Court seeking the relief of declaration and permanent injunction in respect of the suit schedule properties which are agricultural lands. In the said suit, petitioners herein had filed IA No.16 under Order I Rule - 4 - HC-KAR NC: 2025:KHC:51425 WP No. 15388 of 2020 10(2) read with Section 151 of CPC with a prayer to implead them as party defendant Nos.4 and 5 in the suit. The said application was opposed by the plaintiffs by filing objections. The Trial Court vide the order impugned has rejected IA No.16 and being aggrieved by the same, petitioners are before this Court. 4. Applicant in IA No.16 is Kurubarapet Anjaneyaswamy Temple Trust, which is represented by its President and also by its Treasurer. A perusal of the material on record would go to show that applicant had earlier filed a scheme suit in OS No.3/1986 with a prayer to declare that Kurubarapet Anjaneyaswamy Temple is a public Religious and Charitable Institution and to direct defendants in the said suit to deliver vacant possession of the suit schedule properties to the new Trust Committee of the temple. The said suit was partly decreed and it was declared that Kurubarapet Anjaneyaswamy Temple Trust is a public Religious and Charitable Institution and defendants in the said suit were directed to deliver vacant possession of temple properties to the Trust as per the Scheme framed in the suit. The judgment and decree passed in OS - 5 - HC-KAR NC: 2025:KHC:51425 WP No. 15388 of 2020 No.3/1986 was questioned by the defendants in the said suit before this Court in RFA No.159/1997. This Court on 16.06.2008 has dismissed the said appeal. The Special Leave Petition filed challenging the judgment in RFA No.159/1997 is also dismissed. 5. It is relevant to note here that this Court while dismissing RFA No.159/1997 has observed that Item Nos.2 to 5 in OS No.3/1986 are governed by the provisions of Inams Abolition Act and therefore, the Trial Court was not justified in considering the rights of the parties in respect of the said items of the land in OS No.3/1986 and accordingly, had kept open the rights of the parties in respect of Item Nos.3 to 5 properties in OS No.3/1986. Defendant No.2(a) and 2(b) in OS No.3/1986 have now filed OS No.88/2012 in respect of the aforesaid three items of land for which the rights of the parties were kept open by this Court in RFA No.159/1997. In OS No.3/1986, Kurubarapet Anjaneyaswamy Temple Trust, Kolar has been declared as a public Religious and Charitable Institution and the temple properties were directed to be delivered to the Trust as per the Scheme. However, rights in respect of Item Nos.3 to 5 - 6 - HC-KAR NC: 2025:KHC:51425 WP No. 15388 of 2020 in OS No.3/1986 have been kept open and therefore, the applicants/Trust is a necessary and proper party in OS No.88/2012. The Trial Court has failed to appreciate this aspect of the matter. It appears that in OS No.88/2012, only the trustees are made as defendants without impleading the Trust. Under the circumstances, the order impugned cannot be sustained. Accordingly, the following order:- 6. The writ petition is allowed. The impugned order dated 11.02.2020 passed on IA No.16 in OS No.88/2012 by the Court of II Addl. Civil Judge and JMFC, Kolar, is set-aside and consequently, the prayer made in IA No.16 is granted. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 33