- 1 - HC-KAR NC: 2026:KHC:24050 MFA No. 1160 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.1160 OF 2025 (CPC) BETWEEN: 1. M/S. CHURCH OF CHRIST, MUNNEKOLLAL REPRESENTED BY ITS AUTHORISED SIGNATORIES, MR. D.EDWIN CHRISTY PAUL, AND MR. MANJUNATHAIAH .L NO.56, VIEW POINT, VARTHUR MAIN ROAD, ASHIRWAD COMPLEX, MUNNEKOLLALA, BENGALURU-560037. 2. MR. D.EDWIN CHRISTY PAUL, R/AT NO.03, BETHEL, 1ST CROSS, 1ST MAIN, SRI LAKSHMI NARAYANA TEMPLE ROAD MUNNEKOLLALA, BENGALURU-560037. 3. MR. MANJUNATHAIAH .L R/AT NO.101, ANITHA RAMU REDDY LAYOUT NEAR LAKSHMINARAYANA TEMPLE, MUNNEKOLLALA, BENGALURU-560037. …APPELLANTS (BY SRI N.S. BHAT, ADVOCATE) AND: MR. JACOB CHERIAN, AGED ABOUT 62 YEARS, S/O LATE SRI M.J. CHERIAN, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24050 MFA No. 1160 of 2025 REPRESENTED BY HIS SPOA HOLDER & SISTER, MOLLY CHERIAN. R/AT NO.56, ASHIRWAD COMPOUND, MUNNEKOLLAL, MARATHAHALLI PO, BENGALURU-560037. …RESPONDENT (BY SRI STANLY SAM, ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC., AGAINST THE ORDER DATED 05.02.2025 PASSED ON I.A.NO.1 IN O.S.NO.25196/2024 ON THE FILE OF THE 74TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH- 25, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The authorized signatory Manjunathaiah L., of the appellant-Trust has filed an undertaking affidavit, which reads as under: “I, Mr.Manjunathaiah L S/o Linganna, aged about: 54 years, Authorised signatory of M/s Church of Christ, Munnekollala having its registered office at No.56, View Point, Varthur Main Road, Ashirwad Complex, Munnekollalla, Bengaluru-560037, do hereby solemnly affirm and states as follows:- - 3 - HC-KAR NC: 2026:KHC:24050 MFA No. 1160 of 2025 1. I am arrayed as Appellant No.3 in the above M.F.A. I authorized signatory and author of the appellant No.1. Trust and further the Appellant No.2 is also an author and authorized signatory, and he has also authorized me to swear to this affidavit as I know the facts and circumstances of the case. Hence deposed. 2. The Respondent offered the schedule premises to me to conduct the prayer on Sundays and to spread the contents of the Gospel by preaching to the people of large, as he is also one of the author of the Trust. I am put in possession of the schedule premises by entering in to lease agreement with Respondent and further I paid an amount of Rs.5 lakhs as Lease amount/security deposit on 22-1-2022 which the Respondent acknowledge as received. 3. The Respondent filed suit for ejectment against me in O.S.No.25196/2024. In the said suit he filed I.A. for T.I. restraining me from conducting prayers. the Trial court by its order dated: 05-02-2025 granted T.I. as prayed for. Being aggrieved by the same I have preferred above M.F.A. No.1160/2025 (CPC) to the Hon'ble High Court. the Hon'ble High Court by its order granted stay on the submission and - 4 - HC-KAR NC: 2026:KHC:24050 MFA No. 1160 of 2025 my counsel seeking time of one year to search for alternative accommodation. 4. In view of the same, I undertake to vacate the schedule premises within three months from today. Hence the affidavit.” 2. The undertaking affidavit is filed stating that the appellant shall vacate the schedule premises within a period of three (3) months from today. 3. In view of the undertaking affidavit filed by appellant to vacate the premises within a specified time, this Court deems it appropriate to take the same on record and dispose of the appeal without entering into the merits of the impugned order. Hence, the following : ORDER i. The undertaking affidavit filed by the appellant is taken on record. ii. The appellants are granted time to vacate the schedule premises on or before 31.07.2026. - 5 - HC-KAR NC: 2026:KHC:24050 MFA No. 1160 of 2025 iii. The parties are at liberty to approach the concerned Trial Court where the original suit is pending and seek appropriate orders for disposal of the suit in light of the undertaking given before this Court. iv. Accordingly, the Miscellaneous First Appeal is disposed of. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 36