M/S. Anniappa Charities v. K. Natarajan

Karnataka HC18 Jun 2026RFA/1292/2019

Case brief

AI extract

What is this about?

RFA No. 1292/2019 C/W RFA No. 674/2020; M/s. Annappa Charities v. K. Natarajan and others / M/s. Haryana Handloom Khadi Bhandar Pvt. Ltd. and others; Karnataka High Court, Bengaluru; Shivashankar Amaranannavar, J.; decided 18-06-2026; Section 96 CPC appeals against rejection of plaint / dismissal of suit as not maintainable under Order 7 Rule 11(d) r/w Section 151 CPC in O.S.No.6939/2014 and O.S.No.6932/2014; appeals withdrawn as appellant-Trust filed scheme suit O.S. No. 5354/2021 before Principal City Civil and Sessions Judge, Bengaluru; all contentions kept open; respondents stated to be tenants in trust property; no merits decided.

What did the court decide?

Both appeals disposed of as withdrawn, with all contentions raised by the appellant kept open to be urged in scheme suit O.S. No. 5354/2021. ¶¶70-72

M/S. Anniappa Charities Vs K. Natarajan — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both appeals disposed of as withdrawn, with all contentions raised by the appellant kept open to be urged in scheme suit O.S. No. 5354/2021.

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Issue for consideration

Whether the plaints in O.S.No.6939/2014 and O.S.No.6932/2014 were liable to be dismissed/rejected as not maintainable under Order VII Rule 11(d) r/w Section 151 CPC — the question raised by the impugned orders and under challenge in these appeals, but not decided as the appeals were withdrawn.

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Ratio / Principle

Both the appeals (RFA No. 1292/2019 and RFA No. 674/2020) are disposed of as withdrawn, the appellant-Trust having filed scheme suit O.S. No. 5354/2021 and not pressing these two appeals; the submission of learned counsel for the appellant was placed on record.

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Key takeaways

All contentions raised by the learned counsel for the appellant are kept open (to be urged in the scheme suit O.S. No. 5354/2021).ratio¶¶71-72

Detailed headnote1 paragraphs

High Court of Karnataka (Shivashankar Amaranannavar, J.), 18.06.2026 — M/s. Annappa Charities, by its Managing Trustee B. Krishna Prasad, was the appellant in two Regular First Appeals under Section 96 CPC: (i) RFA No. 1292/2019 against the order dated 28.03.2019 on IA.No.5 in O.S.No.6939/2014 (XXV Additional City Civil and Sessions Judge, Bengaluru) allowing the application under Order 7 Rule 11(d) r/w Section 151 CPC to dismiss the suit as not maintainable; and (ii) RFA No. 674/2020 against the order dated 28.09.2019 on IA.No.3 in O.S.No.6932/2014 (X Additional City Civil and Sessions Judge, Bengaluru) allowing the application under Order VII Rule 11(d) r/w Section 151 CPC praying for rejection of the plaint. Counsel for the appellant submitted that the appeal was by the Trust, which had filed a scheme suit in O.S. No. 5354/2021 before the Principal City Civil and Sessions Judge, Bengaluru, and was therefore not pressing these two appeals, the respondents being tenants in the trust property; he sought that all contentions be kept open to be urged in that suit. Held: both appeals disposed of as withdrawn, with all contentions of the appellant kept open. No point on merits was decided.

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NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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REGULAR FIRST APPEAL No. 1292 OF 2019 (EJE) C/W

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REGULAR FIRST APPEAL No. 674 OF 2020

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IN RFA No. 1292/2019

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BETWEEN:

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M/S. ANNIAPPA CHARITIES No. 88 TO 91 DISPENSARY ROAD BANGALORE-560 001.

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REPRESENTED BY ITS MANAGING TRUSTEE SRI. B. KRISHNA PRASAD AGED ABOUT 60 YEARS S/O. LATE B. BALAKRISHNA PRASAD.

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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…APPELLANT

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(BY SRI AJITH N, ADVOCATE FOR SRI S SUBRAMANYA & SHIVA SHANKARA.S, ADVOCATE)

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AND:

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K. NATARAJAN AGED ABOUT 64 YEARS S/O. KANNUPILLAI C/O. SRI. VIGNESHWARA TEXTILES PREMISES No.88 TO 91 GROUND AND MEZZANINE FLOOR DISPENSARY ROAD BANGALORE-560 001.

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2 - NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020

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HC-KAR

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B. ESHWAR PRASAD S/O. LATE BALAKRISHNA PRASAD AGED ABOUT 59 YEARS No.8, OLD No. 893, 3^RD CROSS, NEHRU ROAD KAMANAHALLI

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BENGALURU-560 084.

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K. ANAND KUMAR S/O. LATE KODANDARAMULU AGED ABOUT 67 YEARS, No.23, NEW No.13 12^TH MAIN, BTM 1^ST STAGE BENGALURU-560 029.

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K. SHANKAR KUMAR S/O. LATE KODANDARAMULU AGED ABOUT 65 YEARS No.27, 1^ST FLOOR MARIAMMAN TEMPLE STREET JAI BHARATNAGAR BENGALURU-560 033,

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ALSO AT

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LAKSHMI SHUBODAY APARTMENT 12/1, 1^ST FLOOR, NEAR MARIAMMA KOIL STREET, JAI BHARATH NAGAR BENGALURU-560 033.

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K. VENU KUMAR S/O. LATE KODANDARAMULU AGED ABOUT 60 YEARS No.2, 80 FEET ROAD 6^TH CROSS, SUBBANNAPALYA BENGALURU-560 034.

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ABDUR REHAMAN @ CHANDRAPRASAD S/O. LATE K. BALAKRISHNA PRASAD AGED ABOUT 46 YEARS RESIDING AT No.33

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1^ST MAIN ROAD, 3^RD CROSS

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3 - NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020

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HC-KAR

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HIDAYATHNAGAR, K.G. HALLI NAGAWARA MAIN ROAD BENGALURU-560 045.

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…RESPONDENTS

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THIS RFA IS FILED UNDER SECTIONS 96 OF CPC., AGAINST THE ORDER DATED 28.03.2019 PASSED ON IA.No.5 IN OS.No.6939/2014 ON THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE IA.No.5 FILED UNDER ORDER 7 RULE 11(d) R/W SECTION 151 OF CPC., TO DISMISS THE SUIT AS NOT MAINTAINABLE.

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IN RFA No. 674/2020

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BETWEEN:

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M/s. ANNIAPPA CHARITIES No. 88 TO 91, DISPENSARY ROAD BANGALORE – 560 001. REPRESENTED BY ITS MANAGING TRUSTEE SRI. B KRISHNA PRASAD

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...APPELLANT

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(BY SRI SHIVA SHANKARA S & SRI SUBRAHMANYA, ADVOCATE’S)

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AND:

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M/S. HARYANA HANDLOOM KHADI BHANDAR PVT, LTD., PREMISES No. 88 TO 91 GROUND AND MEZZANINE FLOOR DISPENSARY ROAD

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4 - NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020

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HC-KAR

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BANGALORE -560 001. REPRESENTED BY ITS DIRECTORS.

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SRI. JAGJEET SINGH

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SRI. SURJEET SINGH

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B. ESHWAR PRASAD S/O LATE. BALAKRISHNA PRASAD No. 893, 3^RD CROSS NEHRU ROAD, KAMMANAHALLI BENGALURU – 560 084.

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K. ANAND KUMAR S/O. LATE KODANADARAMULU OLD No.23, NEW No.13 SRI LAKSHMINARASIMHA NILAYA 12^TH MAIN, B.T.M. 1^ST STAGE TAVARAKERE POST

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BENGALURU – 560 069.

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K SHANKAR KUMAR S/O. LATE KODANDARAMULU LAKSHMI SHUBODAY APARTMENT No. 12/1, 1^ST FLOOR

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MARIAMMA TEMPLE STREET JAI BHARATHNAGAR BENGALURU – 560 033.

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K VENU KUMAR S/O. LATE KODANDARAMULU No. 28/2, 5^TH CROSS JAI BHARATH NAGAR

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BENGALURU- 560 033.

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ABDUR REHAMAN @ CHANDRAPRASAD S/O. LATE B BALAKRISHNA PRASAD R/AT No. 32, 1^ST MAIN ROAD III CROSS, HIDAYATHNAGAR K.G HALLI, NAGAWARA MAIN ROAD

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5 - NC: 2026:KHC:30072 RFA No. 1292 of 2019 C/W RFA No. 674 of 2020

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HC-KAR

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ARABIAC COLLEGE POST BENGALURU – 560 045.

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...RESPONDENTS

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(BY SRI N N RAJ URS, ADVOCATE FOR R1, R2 R3 & R7 R5- SERVED - UNREPRESENTED)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE ORDER 28.09.2019 PASSED ON IA.No.3 IN OS.No.6932/2014 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE IA.No.3 FILED UNDER ORDER VII RULE 11(d) R/W SECTION 151 OF CPC., PRAYING TO REJECTION OF PLAINT.

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THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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Learned counsel for appellant in both the appeals

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submits that the appeal is by the Trust and appellant – Trust has filed a scheme suit in O.S. No. 5354/2021 before the Principal City Civil and Sessions Judge, Bengaluru and therefore, he is not pressing these two appeals and respondents are tenants in the property of the trust. Learned counsel further submits that all contentions raised in these appeals may be kept open to be urged in the said suit.

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