DR NARASIMHALU NANDHINI EDUCATION TRUST AND ORS vs JANATHA TRUST AND ORS

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HC-KAR
NC: 2026:KHC-K:11415
WP No. 201145 of 2023
CNR: KAHC030029422023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
WRIT PETITION NO. 201145 OF 2023 (GM-CPC)
BETWEEN:
1. DR. NARASIMHALU NANDHINI EDUCATION TRUST,
H.NO.1-7-7, NEAR GOAL MARKET,
STATION ROAD, RAICHUR-584101
REPRESENTED BY ITS MANAGING TRUSTEE
DR. MAHALINGA S/O B.S.BALAPPA
AGED ABOUT 70 YEARS,
OCC: MEDICAL PRACTITIONER,
2. DR. MAHALINGA B S/O B.S.BALAPPA
AGE: 70 YEARS, MANAGING TRUSTEE OF
DR. NARASIMHALU NANDHINI EDUCATION TRUST
H.NO.1-7-7, NEAR GOAL MARKET,
STATION ROAD, RAICHUR-584101.
3. DR. K.S. RAJAKUMARI W/O LATE DR. NARASIMHALU
AGE: 65 YEARS, MANAGING TRUSTEE OF
DR. NARASIMHALU NANDHINI EDUCATION TRUST.
Digitally signed by
SHIVALEELA D UDAGI
Location: HIGH
COURT OF
KARNATAKA
4. SMT. KALAVATHI W/O PAMPAPATHI,
AGE: 60 YEARS, TRUSTEE
DR. NARASIMHALU NANDHINI EDUCATION TRUST.
ALL ARE R/O H.NO.1-7-7, NEAR GOAL MARKET,
STATION ROAD, RAICHUR-584101.
…PETITIONERS
(BY SRI. SHIVAKUMAR KALLOOR, ADVOCATE)

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WP No. 201145 of 2023
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AND:
1. JANATHA TRUST
A CHARITABLE TRUST HAVING ITS
REGISTERED OFFICE AT NO.42,
ANAND ROA CIRCLE, SHESHADRI ROAD,
GANDHINAGAR, BENGALURU-560009
THROUGH ITS MANAGING TRUSTEE,
ROOPESH P S/O LATE C. PRABHAKAR
AGED 24 YEARS, R/O NO.612,
TH ND
BANASHAKARI 6 STATE, 2 BLOCK,
BENGALURU-560098.
2. ROOPESH P S/O C. PRABHAKAR,
AGE: 24 YEARS, MANAGIN TRUSTEE OF
M/S JANATHA TRUST NO.4, ANAND RAO CIRCLE,
SHESHADRI ROAD, GANDHINAGAR,
BENGALURU-560009.
3. SANJEEV KUMAR KOLUR
S/O LATE RAJASHEKAR KOLUR,
AGE: 50 YEARS, SECRETARY/TRUSTEE OF
M/S JANATHA TRUST NO.4, ANAND RAO CIRCLE
SHESHADRI ROAD, GANDHINAGAR,
BENGALURU-560009.
4. C. JAGADISH S/O LATE CHIKKE GOWDA
AGE: 52 YEARS TRUSTEE AND TREASURER OF
M/S JANATHA TRUST NO.4, ANAND RAO CIRCLE
SHESHADRI ROAD, GANDHINAGAR,
BENGALURU-560009.
5. SMT. SHARADAMMA KOLUR
W/O LATE RAJASHEKAR KOLUR,
AGE: 69 YEARS TRUSTEE OF
M/S JANATHA TRUST NO.4, ANAND RAO CIRCLE,
SHESHADRI ROAD, GANDHINAGAR,
BENGALURU-560009.

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HC-KAR
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WP No. 201145 of 2023
CNR: KAHC030029422023
6. SMT. GEETHA K. W/O LATE C. PRABHAKAR,
AGE: 58 YEARS TRUSTEE OF
M/S JANATHA TRUST NO.4, ANAND RAO CIRCLE,
SHESHADRI ROAD, GANDHINAGAR,
BENGALURU-560009.
7. KUMARI VAISHNAVI J D/O C. JAGADISH,
AGE: 20 YEARS, TRUSTEE OF
M/S JANATHA TRUST NO.4, ANAND RAO CIRCLE,
SHESHADRI ROAD, GANDHINAGAR,
BENGALURU-560009.
…RESPONDENTS
(BY SRI. D. P. AMBEKAR, ADVOCATE FOR
SMT. SHANTABAI PATIL, ADVOCATE FOR R1 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE WRIT OF CERTIORARI QUASHING THE
IMPUGNED ORDER DATED 13.02.2023 PASSED BY II
ADDL. SENIOR CIVIL JUDGE AND JMFC RAICHUR IN M.A
NO. 28/2022 AS PER ANNEXURE-F AND DISMISS I.A NO. I
FILED BY RESPONDENTS U/O 39 RULE 1 AND 2 OF CPC, B)
ISSUE ANY WRIT ORDER OR DIRECTION AS THIS HON’BLE
COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE,
IN ENDS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
SUBRAMANYA RANGARAO
CORAM: HON'BLE MR. JUSTICE
ORAL ORDER
This Writ Petition is filed seeking the following reliefs:
“a) Issue writ of certiorari quashing the
impugned order dated 13.02.2023 passed by II

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HC-KAR
NC: 2026:KHC-K:11415
WP No. 201145 of 2023
CNR: KAHC030029422023
Addl. Senior Civil Judge and JMFC Raichur in M.A
No. 28/2022 as per Annexure-F and dismiss I.A
No. I filed by respondents U/o 39 Rule 1 and 2 of
CPC, in the ends of justice and equity.
b) Issue any writ order or direction as this
Hon’ble Court deems fit in the circumstances of
the case, in ends of justice.”
2. The Respondents/Plaintiffs have filed the suit in
O.S.No.263/2021 before the Addl. Civil Judge and JMFC-
III, Raichur (for short, ‘the Trial Court’), for perpetual
injunction restraining the Petitioners/Defendants from
interfering with the peaceful possession and enjoyment of
the Suit Schedule Property. The Respondents/Plaintiffs also
sought an order restraining the Defendants from
obstructing the plaintiffs, having dominant heritage on the
land bearing Sy.No.22, from having free ingress and egress
to the Suit Schedule Property. The Respondents/Plaintiffs
filed an application seeking temporary injunction under
Order 39 Rule 1 and 2 of CPC. The Trial Court, by order
dated 20.08.2022, rejected the application filed in IA No. 1
seeking a temporary injunction.
3. Aggrieved by the order dated 20.08.2022 passed on
IA.No.1 in O.S.No.263/2021, the Respondents/Plaintiffs

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HC-KAR
NC: 2026:KHC-K:11415
WP No. 201145 of 2023
CNR: KAHC030029422023
preferred Miscellaneous Appeal No.28 of 2022 before the II
Additional Senior Civil Judge and JMFC, Raichur (for short
‘The First Appellate Court’). The First Appellate Court, by
order dated 13.2.2023, allowed the appeal by setting aside
the order passed on IA No.1 by the Trial Court.
Consequently, the First Appellate Court allowed IA No.1
filed under Order 39 Rule 1 and 2 of CPC by the
Respondents/Plaintiffs, thereby restraining the
Petitioners/Defendants from interfering with the possession
and enjoyment of the Respondents/Plaintiffs over the Suit
Schedule Property and also free access through the land
bearing Sy.No.22 till the disposal of the suit. The order of
the First Appellate Court dated 13.02.2023 passed in
M.A.No.28 of 2022 is impugned in the present proceedings.
4. Learned counsel for the Petitioners submits that the
Suit Schedule Property, i.e., Sy.No.21 measuring 2 acres
37 guntas, was part of the registered lease deed dated
30.09.2008, and the said land was leased along with
several other properties in their favour. Learned counsel
submits that the lease term was 3 years, and after expiry,

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HC-KAR
NC: 2026:KHC-K:11415
WP No. 201145 of 2023
CNR: KAHC030029422023
another registered lease deed was executed in favour of
the Petitioners/Defendants on 08.11.2011. It is the case of
the learned counsel that, although Sy.No.21 measuring 2
acres 37 guntas does not appear in the registered lease
deed dated 08.11.2011, possession of the said land was
not handed over to the Respondents/Plaintiffs. Accordingly,
learned counsel would submit that the Trial Court was
justified in rejecting IA No. 1 filed by the
Respondents/Plaintiffs seeking a temporary injunction.
5. Per contra , learned counsel appearing for the
Respondents/Plaintiffs would submit that the registered
lease deed was initially executed on 07.10.2005, pertaining
to Sy.No.36 measuring 5 acres 22 guntas, in favour of the
Petitioners/Defendants. However, subsequently, upon
expiry of the term of lease, another registered lease deed
dated 30.09.2008 was executed in favour of the
Petitioners/Defendants, and in all, 19 acres 12 guntas had
been leased out in their favour, which comprises
Sy.Nos.15/2, 20, 21, 22 and 36. Learned counsel would
further submit that upon expiry of the term of lease, again

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HC-KAR
NC: 2026:KHC-K:11415
WP No. 201145 of 2023
CNR: KAHC030029422023
another registered lease deed dated 08.11.2011 came to
be executed in favour of the Petitioners/Defendants only
insofar as Sy. Nos. 20, 22 and 36, measuring 16 guntas, 9
acres 35 guntas and 5 acres 22 guntas, which would come
to 15 acres 33 guntas. The learned counsel would seek to
infer that when the registered lease deed dated
08.11.2011 was executed, the property in Sy. No. 21,
measuring 2 acres 37 guntas, was not leased to the
Petitioners/Defendants; and, on the other hand, the said
land was either returned or must be construed as an
implied surrender.
6. Be that as it may. This Court, by order dated
11.04.2023, has stayed the order passed in
M.A.No.28/2022 dated 13.02.2023 on the file of the II
Additional Senior Civil Judge and JMFC, Raichur. This Writ
Petition has been pending before this Court for the past
three years.
7. If this Court considers the rival contentions of the
Petitioners and the Respondents, it will affect the Trial
Court's adjudication of the suit on its merits. Whether

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NC: 2026:KHC-K:11415
WP No. 201145 of 2023
CNR: KAHC030029422023
there is no surrender of possession of the land measuring 2
acres 37 guntas in Sy. No. 21, or whether there is any
implied surrender, as contended by the
Respondents/Plaintiffs, is to be considered and decided by
the Trial Court in the pending suit. Under the above
circumstances, this Court deems it appropriate to direct
both the parties to maintain status quo with regard to Sy.
No. 21 measuring 2 acres 37 guntas till the disposal of the
suit, to meet the ends of justice and keep open all
contentions of the respective parties for adjudication by the
Trial Court. Thus, the Writ Petition deserves to be disposed
of in light of the observations referred to above.
8. Hence, this Court proceed to pass the following:
ORDER
(a) The Writ Petition is disposed of .
(b) The Petitioners and Respondents are directed to
maintain status quo with regard to Sy. No.21
measuring 2 acres 37 guntas till the disposal of

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HC-KAR
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WP No. 201145 of 2023
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the suit pending in O.S.No.263/2021 before the
Addl. Civil Judge and JMFC-III, Raichur.
(c) The Petitioners and Respondents are at liberty
to approach the Trial Court and seek disposal of
the suit as expeditiously as possible; if such
request is made, the Trial Court shall consider
the request and dispose of the suit at the
earliest, preferably within six months.
(d) The parties' contentions remain open for
consideration by the Trial Court in the pending
suit, and this Court has not expressed any
opinion on the merits.
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
MSR
List No.: 1 Sl No.: 15
CT;SI