- 1 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14102 OF 2026 (GM-CPC) BETWEEN: 1. KANAKA SEVA SAMITHI TRUST REP. BY TRUSTEE NAGARAJU. M AGED ABOUT 52 YEARS S/O MARALLI GOWDA NO.10, 7TH CROSS ROAD VITTALA NAGARA BENGALURU - 560 026. 2. RAMU ALIAS SHED RAMANNA AGED ABOUT 59 YEARS, S/O LATE BASAVE GOWDA, TRUSTEE, KANAKA SEVA SAMITHI, NO.128, ASHWATH KATTE MAIN ROAD, RUDRAPPA GARDEN, KASTURI BA NAGARA, BENGALURU - 560 026 3. MALLESHAPPA D., AGED ABOUT 66 YEARS, S/O DODDAIAH, EX-CONVENER, TRUSTEE, KANAKA SEVA SAMITHI, NO.39, KALIDASA LAYOUT, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 BENGALURU - 560 050. 4. NAGARAJU M., AGED 52 YEARS, S/O MARALLI GOWDA, TRUSTEE, ACTING GENERAL SECRETARY. KANAKA SEVA SAMITHI, NO.10, 7TH CROSS ROAD, VITTALA NAGARA, BENGALURU - 560 026. 5. HUCHUHAIAH., AGED ABOUT 71 YEARS, S/O MADAIAH, EX-VICE-PRESIDENT, KANAKA SEVA SAMITHI, NO.20/2, ASHWATH KATTE ROAD, KASTURI BA NAGARA, BENGALURU - 560 026. 6. VENKATARAMU., AGED 59 YEARS, S/O CHIKKA NANE GOWDA, TRUSTEE, KANAKA SEVA SAMITI, R/O M/S ANNAPOORNESWARI BANGLE, RUDRAPPA GARDEN, BENGALURU - 560 026 7. LINGARAJU., ABOUT 57 YEARS, S/O BHASKARAPPA, TRUSTEE, KANAKA SEVA SAMITHI, NO.17, KASTURI BA NAGARA, BENGALURU - 560 026. - 3 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 8. SHANKAR K., AGED ABOUT 56 YEARS, S/O KALAPPA, EX-GENERAL SECRETARY, KANAKA SEVA SAMITHI, NO.5, IKALIDASA LAYOUT, BENGALURU - 560 050. 9. SIDDHU N., AGED 44 YEARS, S/O NANJUNDE GOWDA, ACTTING GENERAL SECRETARY, KANAKA SEVA SAMITHI, NO.50, 6TH CROSS ROAD, VITTAL NAGARA, BENGALURU - 560 026 10. MALLESH., ABOUT 52 YEARS, S/O MALLE GOWDA, TRUSTEE, KANAKA SEVA SAMITHI, NO. 47/5, SECOND MAIN ROAD VITTAL NAGARA, BENGALURU - 560 026. 11. GANESH., ABOUT 61 YEARS, S/O LATE SIDDAIAH, DONOR AND ACTING PRESIDENT. KANAKA SEVA SAMITHI, NO.90/14, 5 H CROSS, VITTAL NAGARA WEST, BENGALURU - 560 026. - 4 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 12. RAJASHEKHAR D., ABOUT 53 YEARS, S/O LATE DODDANNA, DONOR, KANAKA SEVA SAMITHI, NO.53/1, CHOWLA GALLI, CUBBON PET, BENGALURU - 560 003. 13. NAGANNA., AGED ABOUT 68 YEARS, S/O LATE MADAJAH. DONOR, KANAKA SEVA SAMITHI, NO.10/2, 6TH CROSS, KASTURI BA NAGARA, RUDRAPPA, BENGALURU - 560 026. 14. MESTHRI MAHADEVANNA., ABOUT 68 YEARS, S/O LATE PUTTE GOWDA, DONOR, KANAKA SEVA SAMITHI, KASTURI BA NAGARA, BENGALURU - 560 026 15. PARAMANANDU., ABOUT 58 YEARS, S/O LATE LAKKAIAH, DONOR, KANAKA SEVA SAMITHI, NO.30, KALIDASA NAGARA, SRINAGARA, BENGALURU - 560 050. 16. SHANTHARAJU K., ABOUT 49 YEARS, S/O KUMMAIAH, - 5 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 DONOR, KANAKA SEVA SAMITHI, NO.18/24, 7TH CROSS, KASTURI BA NAGAR, ASHWATH KATTE ROAD, BENGALURU - 560 026. 17. MARISWAMI., ABOUT 53 YEARS, S/O RAMALINGE GOWDA, DONOR, KANAKA SEVA SAMITHI, NO.91/1, SECOND MAIN ROAD, 9TH CROSS, VITTALA NAGARA, BENGALURU - 560 018. 18. M. NANJUNDA., ABOUT 56 YEARS, S/O LATE MALLAIAH, DONOR, KANAKA SEVA SAMITHI, NO.6/103, ADARSHA NAGARA, 4TH MAIN, 9TH BLOCK, CHAMARAJAPET, BENGALURU - 560 018. 19. RAMALINGE GOWDA., ABOUT 64 YEARS, S/O LATE LINGAIAH, DONOR, KANAKA SEVA SAMITHI, NO.8, AKSHAYA, 4TH CROSS, 17TH MAIN, MUNESHWARA BLOCK, BENGALURU - 560 050 20. MAHADEVAIAH., ABOUT 66 YEARS, S/O LATE KARAGE GOWDA, - 6 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 DONOR, KANAKA SEVA SAMITHI, R/O NO. 90/10, 3RD CROSS, VITTALA NAGARA WEST EXTENSION, BENGALURU - 560 026. …PETITIONERS (BY SRI. H. MALLANAGOUD, ADVOCATE) AND: 1. BASAVAIAH. B AGED ABOUT 69 YEARS, S/O LATE BASAVAIAH PRESIDENT, KANAKA SEVA SAMITHI, NO. 1/19, RUDRAPPA GARDEN. KASTURI BA NAGARA BENGALURU - 560 026 2. P. KUMAR., ABOUT 53 YEARS, S/O PUTTAMADE GOWDA, ASSISTANT SECRETARY, KANAKA SEVA SAMITHI, NO.18/23, 6 CROSS, KASTURIBA NAGARA, BENGALURU - 560 026 3. H. N. DODDAMADHU., AGED ABOUT 42 YEARS, S/O NANJAISH, TREASURER, KANAKA SEVA SAMITHI, NO.18/23, 6TH CROSS, KASTURI BA NAGARA, BENGALURU - 560 026. - 7 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 4. CHIKKAMADE GOWDA., AGED ABOUT 68 YEARS, INTERNAL AUDITIOR, KANAKA SEVA SAMITHI, NO.18/23, RUDRAPPA GARDEN, K.B. NAGARA, BENGALURU - 560 026. 5. KARIBASAVAIAH, AGED ABOUT 63 YEARS, S/O MADAIAH, TRUSTEE, KANAKA SEVA SAMITHI, NO.17, KASTURI BA NAGARA, BENGALURU - 560 026. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH/SET- ASIDE THE ORDER DATED 17/04/2026 BY OF WRIT OF CERTIORARI PASSED BY THE C/C LVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN L.A. NO.14 IN O.S. NO.7556/2017, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 8 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 ORAL ORDER Aggrieved by the order passed in IA No. 14 in OS No. 7556/2017 dated 17.04.2026 by the C/C LVI Additional City Civil and Sessions Judge, Bengaluru, the petitioners are before this Court. 2. The Public Charitable Trust is one 'Kanaka Seva Samithi Trust'. The petitioners/plaintiffs came to know about the misappropriation of trust funds for personal use and not following the Trust bylaws by the respondents/defendants, then the plaintiffs filed OS No.7556/2017 seeking for a declaration that the defendants are having no right to continue as office bearers and trustees of the Kanaka Seva Samithi, in view of their deliberate default and they have no right to administer and possess the office and the Kanaka Bhavana property belonging to the Public Trust and consequently, to declare that the plaintiffs/trustees are entitled to administer the administrative office of the Kanaka Seva Samithi to maintain the books of accounts and day- to-day affairs of the Samithi and also sought for a permanent injunction against the defendants not to restrain the plaintiffs Trust Members to carry on the day-to-day affairs of the Samithi activities. - 9 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 3. In the suit, they have also filed IA No.14 under Section 151 CPC read with Section 92 of CPC, seeking the appointment of an Administrator to take over the management and to manage the day-to-day affairs of the Kanaka Seva Samithi Trust. 4. The trial Court, by the impugned order, has dismissed the IA. While dismissing the IA, the Court observed that the suit was registered in 2017. There is a specific allegation against the defendants that they have no right to continue as office-bearers of the Kanka Seva Samithi Trust, and it is their case that they have deliberately defaulted and have no right to administer and possess the office of the Trust. The suit was filed in the year 2017. After the lapse of almost 9 years, the plaintiffs have filed the present application. The High Court has directed the disposal of the case in an expeditious manner. Hence, the trial Court held that without touching the merits of the case at this stage, appointment of an administrator is not at all required and accordingly dismissed the application. - 10 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 5. Learned counsel appearing for the petitioners submits that the order impugned is illegal as the very subject matter of the suit itself is preserving the Trust property, fairness among the trustees and accountability of the executive members of the Trust. Such an issue cannot be adjudicated in the absence of proper books of account and valid board resolutions passed, and hence, the appointment of an Administrator is very much necessary. Mere pendency of the case for a long period and failure to make an application for the appointment of an Administrator cannot be grounds for dismissing the application. It is stated that the plaintiffs are innocent and not aware of the position of law and they were not advised to seek just relief of the case. Therefore, they have sought legal advice and filed the application for appointment of the Administrator, and the trial Court ought to have allowed the said application. 6. Having heard the learned counsel for the petitioners, perused the material on record. The suit is filed alleging that the defendants trustees are not managing the affairs of the Trust and as such, they sought for a declaration and injunction. As rightly observed by the trial Court, the suit is - 11 - HC-KAR NC: 2026:KHC:28388 WP No. 14102 of 2026 filed in the year 2017. From 2017 till date they have let the Trustees manage the affairs of the Trust and there is a direction by the High Court to dispose of the matter expeditiously. However, at this juncture, they have come up with this application at the fag end of the case and the trial Court has rightly considered and rejected IA. This Court finds no reasons to interfere with the impugned order. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. Pending I.As. if any, in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE tsn* List No.: 2 Sl No.: 59