- 1 - HC-KAR NC: 2026:KHC:4381 WP No. 1203 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1203 OF 2026 (GM-CPC) BETWEEN: 1. THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION (REGISTERED) REP. BY ITS PRESIDENT HAVING ITS REGISTERED ALLEGED OFFICE AT NO. 593, 15TH CROSS, MANJUNATHANAGAR, RAJAJINAGAR, BENGALURU 560010. (A REGISTERED SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1961) 2. A. THIRUNELLAI KUMARSWAMY ACHARI S/O ARUMUGAM ACHARI, AGED ABOUT 47 YEARS, ALLEGED PRESIDENT THIRUNELLAL VISHWAKARMA WELFARE ASSOCIATION (R), NO. 152/A, 4TH CROSS, 2ND MAIN, PRAKASH NAGAR, BANGALORE 560 010. 3. V. KAMALA KANNAN ACHARI, S/O L.P VELU ACHARI, AGED ABOUT 40 YEARS, ALLEGED GENERAL SECRETARY THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION (R), R/AT NO.7, 11TH MAIN, 11TH CROSS, NEW AMBEDKAR COLLEGE, KURUBARAHALLI, BENGALURU 560 086. 4. P.S. MANI ACHARI S/O PITCHAIAYA ACHARI, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4381 WP No. 1203 of 2026 AGED ABOUT 51 YEARS, ALLEGED GENERAL SECRETARY THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION (R), R/AT 116. VATULLIAR RAMALINGASWAMY KALYANA MANTAPAM, 5TH MAIN, 5TH CROSS L.N. PURAM, BENGALURU 560 021. 5. NAINAR S/O ARUNACHALAM, AGED ABOUT 40 YEARS, ALLEGED JOINT PRESIDENT THIRUNELLAL VISHWAKARMA WELFARE ASSOCIATION (R), R/AT NO 12, 19TH CROSS, BANGALORE 560 023. NEAR MARIYAMNA TEMPLE, CHOLARPALYA, MAGADI ROAD, 6. S. M. SELVAKUMAR S/O S. MURUGAIHYA ACHARI, AGED ABOUT 50 YEARS, ALLEGED JOINT SECRETARY THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION (R), R/AT NO 12, 24TH MAIN, JC NAGAR, KAVERINAGAR, MAHALAKSHMIPURAM POST, BANGALORE 560 086. 7. G. SELVA KUMAR ACHARI S/O GOMATHI ACHARI, AGED ABOUT 44 YEARS, ALLEGED DEPUTY TREASURER THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION (R), R/AT NO 1560, 4TH MAIN, 4TH CROSS, NAGAPPA BLOCK, SRIRAMPURA BANGALORE 560 021. - 3 - HC-KAR NC: 2026:KHC:4381 WP No. 1203 of 2026 8. AYYAPAN ACHARI S/O S. NAIR ACHARI, AGED ABOUT 49 YEARS, ALLEGED VICE PRESIDENT THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION (R), R/AT NO 273/B, 8TH CROSS, 2ND MAIN, PRAKASH NAGAR, BANGALORE 560 021 9. S. MANIKANDAN ACHARI S/O S. SHANMUGAN ACHARI, AGED ABOUT 35 YEARS, ALLEGED DEPUTY SECRETARY THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION (R), R/AT NO 273/B, 8TH CROSS, 2ND MAIN, PRAKASHNAGAR, BANGALORE 560021. 10. P.K. VELLAI DURAI S/O KALYANI, AGED ABOUT 40 YEARS, ALLEGED YOUTH ORGANISER THIRUNELLAL VISHWAKARMA WELFARE ASSOCIATION (R), AVAILABLE AT 593, 15TH CROSS, MANJUNATH NAGAR, RAJAJINAGAR, BENGALURU 560 010. 11. M SARAVANAN ACHARI S/O MANIKKAM ACHARI, AGED ABOUT 34 YEARS, ALLEGED JOINT YOUTH ORGANISER THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION 14TH CROSS, JC NAGAR, KAVERINAGAR, MAHALAKSHMIPURAM POST, R/AT NO 25/203 15TH MAIN, - 4 - HC-KAR NC: 2026:KHC:4381 WP No. 1203 of 2026 BANGALORE 560086. 12. S. ANANST @ S. ANANDAN ACHARI S/O SUBBAMANNI ADICHIN, AGED ABOUT 38 YEARS, ALLEGED ABOUT 38 YEARS, AIDED DEPUTY YOUTH ORGANISER THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION R/AT NO 517, 15TH CROSS, 3RD STAGE, MANGALAMATHANGA BANGALORE 560010. …PETITIONERS (BY SRI.RAVINDRANATH KAMATH, SR. COUNSEL FOR SRI. DIVYATEJ H.N..,ADVOCATE) AND: SENDHIL KUMAR S/O SUBRAM R AGED ABOUT 48 YEARS, MEMBER THIRUNELLAI VISHWAKARMA WELFARE ASSOCIATION (R), RESIDING AT NO. 3052/2, 13TH MAIN ROAD, MARIYAPPANPALYA, BENGALURU 560021. ALSO AVAILABLE AT 3101, 1ST CROSS, GAYATHRI NAGAR, BENGALURU 560021 …RESPONDENT (BY SRI. HANUMESH H N., ADVOCATE FOR C/RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-(A) QUASH THE SUIT FILED BY THE RESPONDENT HEREIN IN O.S. NO. 5842/2025 PENDING ON THE FILE OF XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU THROUGH A PLAINT DATED 14.08.2025 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:4381 WP No. 1203 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “(a) Issue Writ in the nature of Certiorari quashing the Suit filed by the Respondent herein in O.S.No.5842/2025 pending on the file of XVII Additional City Civil and Sessions Judge, Bengaluru through a plaint dated 14.08.2025 vide ANNEXURE-A. (b) Issue Writ in the nature of Certiorari quashing the impugned exparte ad-interim order granted in O.S.No.5842/2025 pending on the file of XVII Additional City Civil and Sessions Judge, Bengaluru on I.A.1/2025 dated 16.08.2025 vide ANNEXURE-C. (c) Declare that the Civil Court has no jurisdiction to entertain or adjudicate the suit filed by the Respondent in O.S.No.5842/2025 in view of the statutory bar under Section 25 of the Karnataka Societies Registration Act, 1961. (d) Pass such other orders or directions in favour of the Petitioners that this Hon’ble Court deems fit in the interest of justice and equity.” 2. Heard learned Senior counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. Learned Senior counsel for the petitioners, who are the defendants in O.S.No.5842/2025, entered appearance in the suit as long back as on 20.09.2025 and filed an application under Order VII Rule 11 CPC seeking rejection of the plaint, despite which the - 6 - HC-KAR NC: 2026:KHC:4381 WP No. 1203 of 2026 Trial Court has not passed any orders on the said application and as such, there is urgency in the matter. 4. The said submission is placed on record. 5. The Trial Court before whom the suit in O.S.No.5842/2025 is said to be posted on 05.02.2026 is directed to consider and pass appropriate orders on the application for rejection of plaint filed by the petitioners-defendants as expeditiously as possible and at any rate, within a period of one month from 05.02.2026. In addition thereto, the joint submission made by both sides that they would like to celebrate the forthcoming Mahashivaratri Festival at Annama Temple Majestic, Bengaluru, together without causing interference or disturbance to each other or to the other devotees, as per the customs and traditions is placed on record. 6. In view of the joint submissions made by both sides, by way of an interim arrangement and without prejudice to the rights and contentions of the parties, both the petitioners and respondent are directed to co-operate and co-ordinate with each other for the purpose of performing Mahashivaratri on 15.02.2026 without - 7 - HC-KAR NC: 2026:KHC:4381 WP No. 1203 of 2026 causing hindrance, obstruction or impediment to each other or causing any inconvenience to the devotees at the temple as per the existing customs and traditions. 7. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 21