- 1 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6537 OF 2025 C/W MISCELLANEOUS FIRST APPEAL NO.4769 OF 2025 MISCELLANEOUS FIRST APPEAL NO.4783 OF 2025 (CPC) IN MFA No.6537/2025 BETWEEN: 1. SANDESH EDUCATION, CULTURAL AND CHARITABLE TRUST (R) HAVING ITS REGISTERED OFFICE AT 80 FEET RING ROAD, 1ST MAIN ROAD, NEAR MALLATHAHALLI BUS STOP, MALLATHAHALLI, BANGALORE - 560 056. REP. BY ITS FOUNDER /TRUSTEE DR. VENKATAGIRI. K 2. SRI. K. VENKATAGIRI S/O LATE M.B. KRISHNA REDDY AGED ABOUT 44 YEARS RESIDIDNG AT NO. 33/3A, NEAR MALATHAHALLI BUS STOP, MALLATHAHALLI , BANGALORE - 560 056. ALSO AT PHASE NO.01 TOWER NO.5, FLAT NO.403, SALAPURI ANUGRAHA APARTMENT, MUNCI.08/1-1, SAJJEPALYA VILLAGE, MAGADI MAIN ROAD, YESHWANTHAPURA HOBLI ROAD, BENGALURU NORTH TALUK, BENGALURU – 560 079. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 AND ALSO AT NO.569, RENUKA NILAYA, CHITRADURGA ROAD, NEAR MUSS VITTAINAGAR, CHALLAKERE, CHITRADURGA – 577 522. …APPELLANTS (BY SRI. PRABHULING K.NAVADGI, SR. COUNSEL A/W SRI. NITIN A.M., ADVOCATE) AND: 1. MRS. SONIYA RACHEL CHACKO AGED ABOUT 38 YEARS D/O NE CHACKO SUNIL VILLA ARATAPUZHA, CHENGANNUR TALUK AND POST, AVANMULA, KOZHENCHURY, PATHANAMTHITTA, KERALA-689 123. 2. LITTLE FLOWER COLLEGE OF NURSING HAVING ITS REGISTERED OFFICE AT 80 FEET RING ROAD 1ST MAIN ROAD NEAR MALLATHAHALLI BUS STOP, MALLATHAHALLI, BANGALORE 560 056 REP BY ITS PRINCIPAL 3. MRS. NAGARATHNAMMA W/O LATE M B KRISHNA REDDY AGED ABOUT 75 YEARS R/A RENUKA NILAYA, OPP K.E.B.POWER STATION, CHITRADURGA ROAD, CHALLAKERE. TRUSTEE OF SANDESH EDUCATION CULTURAL AND CHARITABLE TRUST ® AT 80 FEET RING ROAD, 1ST MAIN ROAD, - 3 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 NEAR MALLATHAHALLI BUS STOP, MALLATHAHALLI, BENGALURU-560056. ALSO AT PHASE NO.01, TOWER NO.5, FLAT NO.403, SALAPURI ANUGRAHA APARTMENT, MUNCI. 08/1-1, SAJJEPALYA VILLAGE, MAGADI MAIN RAOD, YESHWANTHAPURA, HOBLI ROAD, BENGALURU NORTH TALUK, BENGALURU – 560 079. AND ALSO AT NO.569, RENUKA NILAYA, CHITRADURGA ROAD, NEAR MUSS VITTAINAGAR, CHALLAKERE, CHITRADURGA – 577 522. 4. MR. RANGAPPA REDDY S/O LATE MARAHANUMAPPA REDDY AGED ABOUT 80 YEARS R/A NO. 18, MANJUNATHA NILAYA THIRUPALYA, BOMMASANDRA POST, BANGLAORE-560 099. TRUSTEE OF SANDESH EDUCATION CULTURAL AND CHARITABLE TRUST(R) AT 80 FEET RING ROAD 1ST MAIN ROAD NEAR MALLATHAHALLI BUS STOP MALLATHAHALLI BANGALORE - 560 056. 5. MR. SANDESH.M S/O MANJUNATHA REDDY M P AGED ABOUT 34 YEARS R/A NO. 569, RENUKA NILAYA, CHITRADURGA ROAD, NEAR MUSS VITTAINAGAR, CHALLAKERE, CHITRADURGA - 577 522. - 4 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 ALSO AT SANDESH EDUCATION CULTURAL AND CHARITABLE TRUST (R) AND LITTLE FLOWER COLLEGE OF NURSING AT 80 FEET RING ROAD, 1ST MAIN ROAD, NEAR MALLATHAHALLI BUS STOP, MALLATHAHALLI, BANGALORE - 560 056 …RESPONDENTS (BY SRI.D.R.RAVISHANKAR, SR.COUNSEL A/W SMT.SIRI.R, ADVOCATE FOR C/R (CP 19304/25)) THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 01.09.2025 PASSED ON I.A.NO.1 IN OS.NO.5902/2022 ON THE FILE OF LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.76), ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. IN MFA NO.4769/2025 BETWEEN: MS. SONIYA RACHEL CHACKO DAUGHTER OF N.E.CHACKO, AGED ABOUT 38 YEARS, R/ AT NO. 543, SERENITY APARTMENT, RAILWAY MEN LAYOUT, 1ST STAGE, 12TH CROSS, BHAVANINAGAR, BENGALURU – 560 072. ...APPELLANT (BY SRI. D.R. RAVISHANKAR, SR. COUNSEL A/W, SMT. SIRI RAJASHEKAR, ADVOCATE) AND: SANDESH EDUCATION CULTURAL SOCIETY (R) REP BY ITS TRUSTEE MR. SANTHOSH M HAVING REGISTERED OFFICE AT 80 FEET RING ROAD, 1ST MAIN ROAD, NEAR MALLATHALLI BUS STOP, - 5 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 MALLATHALLI, BENGALURU – 560 086. ...RESPONDENT (BY SRI. PRABHULING K.NAVADGI, SR. COUNSEL A/W SRI. NITIN A.M, ADVOCATE) THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.28.04.2025 PASSED ON IA NO.1/2022 IN O.S.NO. 557/2022 ON THE FILE OF THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-76, ALLOWING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC, 1908. IN MFA NO.4783/2025 BETWEEN: MS. SONIYA RACHEL CHACKO DAUGHTER OF N E CHACKO, AGED ABOUT 38 YEARS, R/ AT NO. 543, SERENITY APARTMENT, RAILWAY MEN LAYOUT, 1ST STAGE, 12TH CROSS, BHAVANINAGAR, BENGALURU – 560 072 ...APPELLANT (BY SRI. D.R. RAVISHANKAR, SR. COUNSEL A/W SMT. SIRI RAJASHEKAR, ADVOCATE) AND: M/S SANDESH EDUCATION CULTURAL AND CHARITABLE TRUST, REP BY ITS TRUSTEE MR. SANDESH.M HAVING REGISTERED OFFICE AT NO.33/3A, NEAR MALLATHALLI BUS STOP, MALLATHALLI BENGALURU – 560 086 ...RESPONDENT (BY SRI. PRABHULING K.NAVADGI, SR. COUNSEL A/W SRI. NITIN A.M, ADVOCATE) - 6 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28.04.2025 PASSED ON I.A.NO.1 IN OS.NO.555/2022 ON THE FILE OF THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-76), ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THESE APPEALS ARE HAVING BEEN HEARD AND RESERVED FOR JUDGMENT AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CAV JUDGMENT MFA.No.6537/2025 is filed by defendant Nos.1 and 2 - Sandesh Education, Cultural and Charitable Trust (R) (hereinafter referred to as the “Trust”) calling in question the order dated 01.09.2025 passed on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC in O.S.No.5902/2022 on the file of LXXV Addl. City Civil and Sessions Judge, Bengaluru (CCH-76), thereby, the application filed by the plaintiff - Smt. Soniya Rachel Chacko is allowed granting the order of temporary injunction restraining the defendants – Trust, their agents, servants, legal representative, assigns, administrators or any person who claim under them from obstructing the plaintiff entering - 7 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 the College premises and Trust office or interfering with the plaintiff in any manner from functioning as a Secretary of defendant No.1 and also as an Assistant Professor of defendant No.3-College. MFA.No.4769/2025 is filed by the defendant - Smt. Soniya Rachel Chacko calling in question the order dated 28.04.2025 passed on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC in O.S.No.557/2022 on the file of LXXV Addl. City Civil and Sessions Judge, Bengaluru, thereby, the application filed by the plaintiff – Trust is allowed granting the order of temporary injunction restraining the defendant – Smt. Soniya Rachel Chacko, her agents or henchmen from interfering with the possession and enjoyment of the suit schedule ‘A’ property of the plaintiff – Trust. MFA.No.4783/2025 is filed by the defendant - Smt. Soniya Rachel Chacko calling in question the order dated 25.04.2025 passed on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC in O.S.No.555/2022 on the file of - 8 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 LXXV Addl. City Civil and Sessions Judge, Bengaluru, thereby the application filed by the plaintiff – Trust is allowed restraining the defendant, her agents or henchmen from interfering with the peaceful possession and enjoyment of the suit schedule ‘A’ and ‘B’ properties of the plaintiff – Trust. 2. Brief facts involved in the cases are: In MFA.No.6537/2025 (O.S.No.5902/2022): Smt. Soniya Rachel Chacko has filed the suit for permanent injunction restraining the defendants – Trust, their agents, servants, legal representative, assigns, administrators or any other person who claim under them from obstructing the plaintiff entering the College premises and Trust office or interfering with the plaintiff in any manner from functioning as a Secretary of defendant No.1 and also as an Assistant Professor of defendant No.3- College and also for declaration that the procedure adopted to remove the plaintiff from the Trust Board is - 9 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 valid, illegal, and malafide and for consequential permanent injunction and other reliefs. In MFA.No.4769/2025 (O.S.No.557/2022): The Sandesh Education, Cultural and Charitable Trust (R) has filed the suit for permanent injunction restraining the defendant or her henchmen, agents or anybody claiming on behalf of them from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule ‘A’ property. In MFA.No.4783/2025 (O.S.No.555/2022): The Sandesh Education, Cultural and Charitable Trust (R) has filed the suit for permanent injunction restraining the defendant or her henchmen, agents or anybody claiming on behalf of them from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule ‘A’ and ‘B’ properties. 3. The above three appeals are arising out of the respective orders passed upon the applications filed for - 10 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 temporary injunction in various three suits as above stated and the appeals in all the suits are one and the same. The dispute is between Smt. Soniya Rachel Chacko and the Sandesh Education, Cultural and Charitable Trust (R). Since the parties in all the suits are interchanged, they are referred to as Smt. Soniya Rachel Chacko and opponent party as Trust (The Sandesh Education, Cultural and Charitable Trust (R)) for easy reference and convenience. 4. The trial Court in O.S.No.5902/2022 (MFA.No.6537/2025) has granted an order of temporary injunction restraining Sandesh Education, Cultural and Charitable Trust (R) by way of temporary injunction from obstructing the plaintiff- Smt. Soniya Rachel Chacko in entering the College premises and Trust office or interfering with the plaintiff in any manner from functioning as a Secretary of defendant No.1 and also as an Assistant Professor of defendant No.3-College. - 11 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 5. In O.S.No.557/2022 (MFA.No.4769/2025) and O.S.No.555/2022 (MFA.No.4783/2025) the trial Court has granted an order of temporary injunction restraining the defendant- Smt. Soniya Rachel Chacko or her henchmen, agents or anybody claiming on behalf of them from interfering with peaceful possession and enjoyment of College premises and Trust office. 6. Therefore, there are three separate orders in three separate suits restraining the respective parties. The subject matter in all the three suits more or less are similar and pleadings in the said three suits are more or less or replica of each other. All the three orders are delivered by the very same Presiding Officer, but on different dates without clubbing the three suits, but passed separate orders on different dates. The net effect of all three orders is that granting injunction to both the plaintiffs and defendants in the suits restraining them from interfering with the peaceful possession and enjoyment of College premises and Trust office. - 12 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 7. In O.S.No.5902/2022 the plaintiff is Smt. Soniya Rachel Chacko and Trust and others are defendants. The trial Court has granted the order of temporary injunction in favour of Smt. Soniya Rachel Chacko against the defendant-Trust. Thereby, allowed Smt. Soniya Rachel Chacko to enter the College premises and Trust office and allowed to function as a Secretary of the Trust and College. 8. In O.S.No.557/2022 and O.S.No.555/2022 the order of temporary injunction granted is vice versa that Smt. Soniya Rachel Chacko is restrained from entering the College premises and Trust office. Therefore, the impugned orders passed are not able to be implemented. 9. Further the learned counsel for the appellant - Trust in MFA.No.6537/2025 has filed the application under Order 41 Rule 27 of CPC for production of additional documentary materials and canvassed that Smt. Soniya Rachel Chacko is not entitled for order of temporary - 13 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 injunction. These documents were not placed before the trial Court. 10. Both the learned Senior counsels in all the three appeals argued with reference to the contents in the materials placed by both sides. But under the peculiar orders passed by the trial Court as above stated and also for the fact that the appellants have produced the additional documentary materials, which were not placed before the trial Court for consideration and the order of temporary injunction granted in all three suits are in favour of both the Trust and Smt. Soniya Rachel Chacko. Therefore, pleads chaos. 11. Therefore, the Court is of the opinion that without expressing any opinion on the merits involved in the case to remand the matters to the trial Court for fresh consideration of the applications. Hence, the trial Court is directed to club all the three suits and pass common orders on the applications filed for temporary injunction in - 14 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 all the three suits, in such an event, either of parties will enjoy the order of temporary injunction, if it is going to be passed. Therefore, the impugned orders in the appeals are liable to be set aside by allowing the appeals and the matters are remanded to the trial Court for fresh consideration of all the applications filed for temporary injunction. 12. Hence, I proceed to pass the following ORDER i. The appeals are allowed. ii. The impugned orders dated 01.09.2025, 28.04.2025 and 25.04.2025 passed on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC in O.S.Nos.5902/2022, 557/2022 and O.S.No.555/2022 on the file of LXXV Addl. City Civil and Sessions Judge, Bengaluru, are hereby set aside. - 15 - HC-KAR NC: 2025:KHC:43269 MFA No. 6537 of 2025 C/W MFA No. 4769 of 2025 MFA No. 4783 of 2025 iii. The matters are remanded to the trial Court for fresh consideration of all the applications filed for temporary injunction. iv. The trial Court shall club all the three suits and consider all the applications filed for temporary injunction in accordance with law. v. All contentions are kept open. vi. The parties are at liberty to produce any additional documentary materials for consideration of applications. vii. No order as to costs. viii. The trial Court is directed to expedite hearing application and trial in the suits and dispose of the application as early as possible. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 66