- 1 - HC-KAR NC: 2026:KHC:19021 WP No. 4844 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.4844 OF 2026 (GM-CPC) BETWEEN: 1. SREE BHAVANARUSHI PADMAPEETHA MAHASAMSTHANA (R) NO.16, 5TH MAIN AGRAHARA DASARAHALLI BASAVESHWARANAGAR BENGALURU-560079 REPRESENTED BY ITS GEN. SECRETARY MR. B.P.GOPIKRISHNA CORRESPONDENCE ADDRESS: NO.87/1, 5TH CROSS RAMADASA LAYOUT JAVAREGOWDA NAGARA R.R.NAGAR BENGALURU SOUTH BENGALURU-560098. 2. SHRI. D. KRISHNIAH AGED ABOUT 77 YEARS PRESIDENT SREE BHAVABARUSHI PADMAPEETHA MAHASAMSTHANA(R) NO.16, 5TH MAIN AGRAHARA DASARAHALLI BASAVESHWARANAGAR BENGALURU-560079 CORRESPONDENCE ADDRESS: NO.87/1, 5TH CROSS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19021 WP No. 4844 of 2026 RAMADASA LAYOUT JAVAREGOWDA NAGARA R.R. NAGAR BENGALURU SOUTH BENGALURU-560098. 3. SHRI. D. SRINIVASAMURTHY S/O LATE DASAPPA AGED ABOUT 77 YEARS TRUSTEE OF SHREE KALYANA VENKATESHWARASWAMY TEMPLE TRUST(SKVVT) NO.24, 8TH CROSS NEAR MARAMMA TEMPLE MAGADI ROAD BENGALURU-560023. 4. SHRI. D. HARISH S/O LATE R. DASAPPA AGED ABOUT 53 YEARS TRUSTEE OF SHREE KALYANA VENKATESHWARASWAMY TEMPLE TRUST(SKVVT) NO.11, 2ND CROSS, P.S.LANE COTTONPETE, BENGALURU-560053. …PETITIONERS (BY SRI. DANAPPA P. PANIBHATE, ADVOCATE) AND: 1. SHRI. N. GANESH S/O LATE K.P.M. NANJAPPA AGED ABOUT 61 YEARS NO.1350, 10TH MAIN VIJAYANAGAR BENGALURU-560040. 2. SHRI PRAKASH K. S/O KODANDARAMAIAH AGED ABOUT 65 YEARS NO.552, 6TH CROSS, 9TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU-560072. - 3 - HC-KAR NC: 2026:KHC:19021 WP No. 4844 of 2026 3. SHRI. V.R. SRIDHARA S/O RAMAIAH VENKATARAMAIAH AGED ABOUT 71 YEARS NO.366, “MATHRUSHREE NILAYA” 57TH ‘C’ CROSS, NEAR RAMAMANDIR TEMPLE RAJAJINAGAR, 3RD BLOCK BENGALURU-560010. 4. SHRI. GOVARDHANA S/O U.L. SRINIVASAIAH AGED ABOUT 66 YEARS NO.259/A, 3RD MAIN, 5TH CROSS 1ST STAGE, 6TH PHASE, WOC ROAD MAHAGANAPATHINAGAR, RAJAJINAGAR BENGALURU-560010. 5. SHRI. T. NARAYANA MURTHY S/O THIMMARAYAPPA H, AGED ABOUT 73 YEARS NO.342, 2ND FLOOR, 6TH MAIN KHB COLONY, 1ST STAGE BASAVESHWARANAGAR BENGALURU-560079 …RESPONDENTS (BY SRI. M.R.RAJAGOPAL, SENIOR COUNSEL FOR SRI. ANAND P., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN MISCELLANEOUS PETITION NO.148/2025 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, AS BEING WITHOUT JURISDICTION AND NOT MAINTAINABLE IN LAW VIDE ANNX-M1 AND TO QUASH THE EX-PARTE INTERIM ORDER DATED 16-12-2025 PASSED ON I.A. NOS.1 AND 2 IN MISCELLANEOUS PETITION NO.148/2025, AS HAVING BEEN GRANTED WITHOUT JURISDICTION AND IN VIOLATION OF MANDATORY PROVISIONS OF LAW VIDE ANNX.N AND TO QUASH THE IMPUGNED ORDER DATED 30-01-2026 PASSED IN - 4 - HC-KAR NC: 2026:KHC:19021 WP No. 4844 of 2026 MISCELLANEOUS PETITION NO.148/2025, WHEREBY THE TRIAL COURT PROCEEDED FURTHER AND POSTED THE MATTER FOR EVIDENCE WITHOUT DECIDING THE ISSUE OF MAINTAINABILITY VIDE ANNX-T AND DECLARE THAT ALL PROCEEDINGS INITIATED AND CONTINUED IN MISCELLANEOUS PETITION NO.148/2025, INCLUDING THE INTERIM ORDERS DATED 16-12-2025 AND 30-01-2026, ARE NULL, VOID, AND NON EST IN THE EYE OF LAW VIDE ANNX- M1, N AND T AND GRANT A WRIT OF PROHIBITION OR APPROPRIATE DIRECTION, RESTRAINING THE TRIAL COURT FROM PROCEEDING FURTHER IN MISCELLANEOUS PETITION NO.148/2025 IN ANY MANNER WHATSOEVER ANNX-M1. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order dated 30.01.2026, whereby the Principal District and Sessions Judge, Bengaluru Rural (hereinafter referred to as “the trial Court”) has allowed the applications filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, “CPC”) in Misc. No.148/2025, which is a petition filed under Section 92 of the CPC. - 5 - HC-KAR NC: 2026:KHC:19021 WP No. 4844 of 2026 2. The respondents herein have filed a miscellaneous petition under Section 92 of the CPC in Misc. No.148/2025, seeking permission to institute and prosecute a suit against the petitioners herein, in the interest of justice and equity. 3. Along with the said miscellaneous petition, they have also filed applications under Order XXXIX Rules 1 and 2 of the CPC. During the pendency of the miscellaneous petition, the trial Court proceeded to allow the applications filed under Order XXXIX Rules 1 and 2 of the CPC. 4. This Court, in W.P. No.16971/2025 and connected matters, by order dated 25.06.2025, has held that, without granting a leave under Section 92 of the CPC, an application filed under Order XXXIX Rules 1 and 2 of the CPC is not maintainable. 5. In view of the above, the order passed by the trial Court on the applications filed under Order XXXIX Rules 1 - 6 - HC-KAR NC: 2026:KHC:19021 WP No. 4844 of 2026 and 2 of the CPC is without jurisdiction and is liable to be set aside. 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 30.01.2026 passed on I.A. Nos.1 and 2 filed under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC in Misc. No.148/2025 is hereby set aside. (iii) The trial Court is directed to dispose of the miscellaneous petition filed by the respondents herein in Misc. No.148/2025 under Section 92 of the CPC, in accordance with law, after affording an opportunity of being heard to both parties. (iv) The trial Court shall make an endeavour to dispose of the miscellaneous petition on or before the end of April, 2026. - 7 - HC-KAR NC: 2026:KHC:19021 WP No. 4844 of 2026 (v) Liberty is reserved to the parties to advance the case before the trial court. (vi) The parties are directed to co-operate with the trial Court for an expeditious disposal of the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 19