- 1 - HC-KAR NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL No. 1292 OF 2019 (EJE) C/W REGULAR FIRST APPEAL No. 674 OF 2020 IN RFA No. 1292/2019 BETWEEN: 1. M/S. ANNIAPPA CHARITIES No. 88 TO 91 DISPENSARY ROAD BANGALORE-560 001. REPRESENTED BY ITS MANAGING TRUSTEE SRI. B. KRISHNA PRASAD AGED ABOUT 60 YEARS S/O. LATE B. BALAKRISHNA PRASAD. …APPELLANT (BY SRI AJITH N, ADVOCATE FOR SRI S SUBRAMANYA & SHIVA SHANKARA.S, ADVOCATE) AND: 1. K. NATARAJAN AGED ABOUT 64 YEARS S/O. KANNUPILLAI C/O. SRI. VIGNESHWARA TEXTILES PREMISES No.88 TO 91 GROUND AND MEZZANINE FLOOR DISPENSARY ROAD BANGALORE-560 001. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020 2. 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. 3. K. ANAND KUMAR S/O. LATE KODANDARAMULU AGED ABOUT 67 YEARS, No.23, NEW No.13 12TH MAIN, BTM 1ST STAGE BENGALURU-560 029. 4. K. SHANKAR KUMAR S/O. LATE KODANDARAMULU AGED ABOUT 65 YEARS No.27, 1ST FLOOR MARIAMMAN TEMPLE STREET JAI BHARATNAGAR BENGALURU-560 033, ALSO AT LAKSHMI SHUBODAY APARTMENT 12/1, 1ST FLOOR, NEAR MARIAMMA KOIL STREET, JAI BHARATH NAGAR BENGALURU-560 033. 5. K. VENU KUMAR S/O. LATE KODANDARAMULU AGED ABOUT 60 YEARS No.2, 80 FEET ROAD 6TH CROSS, SUBBANNAPALYA BENGALURU-560 034. 6. ABDUR REHAMAN @ CHANDRAPRASAD S/O. LATE K. BALAKRISHNA PRASAD AGED ABOUT 46 YEARS RESIDING AT No.33 1ST MAIN ROAD, 3RD CROSS - 3 - HC-KAR NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020 HIDAYATHNAGAR, K.G. HALLI NAGAWARA MAIN ROAD BENGALURU-560 045. …RESPONDENTS THIS RFA IS FILED UNDER SECTIONS 96 OF CPC., AGAINST THE ORDER DATED 28.03.2019 PASSED ON IA.No.5 IN OS.No.6939/2014 ON THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE IA.No.5 FILED UNDER ORDER 7 RULE 11(d) R/W SECTION 151 OF CPC., TO DISMISS THE SUIT AS NOT MAINTAINABLE. IN RFA No. 674/2020 BETWEEN: M/s. ANNIAPPA CHARITIES No. 88 TO 91, DISPENSARY ROAD BANGALORE – 560 001. REPRESENTED BY ITS MANAGING TRUSTEE SRI. B KRISHNA PRASAD ...APPELLANT (BY SRI SHIVA SHANKARA S & SRI SUBRAHMANYA, ADVOCATE’S) AND: M/S. HARYANA HANDLOOM KHADI BHANDAR PVT, LTD., PREMISES No. 88 TO 91 GROUND AND MEZZANINE FLOOR DISPENSARY ROAD - 4 - HC-KAR NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020 BANGALORE -560 001. REPRESENTED BY ITS DIRECTORS. 1. SRI. JAGJEET SINGH 2. SRI. SURJEET SINGH 3. B. ESHWAR PRASAD S/O LATE. BALAKRISHNA PRASAD No. 893, 3RD CROSS NEHRU ROAD, KAMMANAHALLI BENGALURU – 560 084. 4. K. ANAND KUMAR S/O. LATE KODANADARAMULU OLD No.23, NEW No.13 SRI LAKSHMINARASIMHA NILAYA 12TH MAIN, B.T.M. 1ST STAGE TAVARAKERE POST BENGALURU – 560 069. 5. K SHANKAR KUMAR S/O. LATE KODANDARAMULU LAKSHMI SHUBODAY APARTMENT No. 12/1, 1ST FLOOR MARIAMMA TEMPLE STREET JAI BHARATHNAGAR BENGALURU – 560 033. 6. K VENU KUMAR S/O. LATE KODANDARAMULU No. 28/2, 5TH CROSS JAI BHARATH NAGAR BENGALURU- 560 033. 7. ABDUR REHAMAN @ CHANDRAPRASAD S/O. LATE B BALAKRISHNA PRASAD R/AT No. 32, 1ST MAIN ROAD III CROSS, HIDAYATHNAGAR K.G HALLI, NAGAWARA MAIN ROAD - 5 - HC-KAR NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020 ARABIAC COLLEGE POST BENGALURU – 560 045. ...RESPONDENTS (BY SRI N N RAJ URS, ADVOCATE FOR R1, R2 R3 & R7 R5- SERVED - UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE ORDER 28.09.2019 PASSED ON IA.No.3 IN OS.No.6932/2014 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE IA.No.3 FILED UNDER ORDER VII RULE 11(d) R/W SECTION 151 OF CPC., PRAYING TO REJECTION OF PLAINT. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. Learned counsel for appellant in both the appeals submits that the appeal is by the Trust and appellant – Trust has filed a scheme suit in O.S. No. 5354/2021 before the Principal City Civil and Sessions Judge, Bengaluru and therefore, he is not pressing these two appeals and respondents are tenants in the property of the trust. Learned counsel further submits that all contentions raised in these appeals may be kept open to be urged in the said suit. - 6 - HC-KAR NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020 2. Submission of learned counsel for appellant is placed on record. 3. In view of the above submission, both the appeals are disposed of as withdrawn. All contentions raised by the learned counsel for appellant is kept open. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 1