Karnataka High Court
Ms K V Kumari vs Sri Dr K Shivaprasad on 23 October, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:41715
WP No. 2239 of 2024
C/W WP No. 1235 of 2024
WP No. 1238 of 2024
HC-KAR AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 2239 OF 2024 (GM-CPC)
C/W
WRIT PETITION NO. 1235 OF 2024 (GM-CPC)
WRIT PETITION NO. 1238 OF 2024 (GM-CPC)
WRIT PETITION NO. 1240 OF 2024 (GM-CPC)
WRIT PETITION NO. 1342 OF 2024 (GM-CPC)
IN WP NO. 2239/2024
BETWEEN:
MS K V KUMARI,
AGED ABOUT 58 YEARS,
ADMINISTRATOR OF SREE
KOTELLINGESHWARA SWAMY TEMPLE,
KAMMASANDRA VILLAGE,
Digitally
signed by BETHAMANGALA HOBLI,
KAVYA R K.G.F TALUK, KOLAR DISTRICT - 563 121.
Location: ...PETITIONER
High Court of (BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR
Karnataka SRI. GURUVA REDDY N., ADVOCATE)
AND:
1. DR C K SHIVAPRASAD,
S/O SRI.KAMALASAMBHAVA
(PRE-SANSYASATHVA) AND SREE
SREE KAMALASAMBHAVA ALIAS
SAMBASHIVAMURTHY SWAMIJI
(AFTER SANYASTHVA)
AGED ABOUT 47 YEARS,
R/AT NO.213, MULTI SPECIALITY
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WP No. 2239 of 2024
C/W WP No. 1235 of 2024
WP No. 1238 of 2024
HC-KAR AND 2 OTHERS
ORTHOPEDIC CLINIC, 7TH CROSS,
6TH BLOCK, BSK III STAGE,
NEAR KAMKYA THEATRE SIGNAL,
BENGALURU - 560 085.
AND ALSO AT
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F TALUK, KOLAR - 563 121.
2. SRI. DANANJAYA,
S/O SRI. SRINIVAS,
AGED ABOUT 41 YEARS,
SHOP NO.53, NEAR SREE
KOTILINGESHWARASWAMY TEMPLE,
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F TALUK, KOLAR - 563 121.
...RESPONDENTS
(BY SRI. SUJAYEENDRA.S., ADVOCATE FOR R1;
RESPONDENT NO.2 SERVED)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE
CONCERNED RECORDS. QUASH THE ORDER DTD 16.12.2023
PASSED ON I.A.I IN THE SUIT O.S.NO.17/2023 BY THE ADDL.
SENIOR PRL. CIVIL JUDGE AND JMFC, KGF VIDE ANNEXURE-J
AND CONSEQUENTLY ALLOW THE IA NO.1 FILED BY THE
PETITIONER UNDER ORDER 1 RULE 10(2) R/W SECTION 151
OF CPC.
IN WP NO. 1235/2024
BETWEEN:
MS K V KUMARI,
AGED ABOUT 58 YEARS,
ADMINISTRATOR OF SREE
KOTELLINGESHWARA SWAMY TEMPLE,
KAMMASANDRA VILLAGE,
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WP No. 2239 of 2024
C/W WP No. 1235 of 2024
WP No. 1238 of 2024
HC-KAR AND 2 OTHERS
BETHAMANGALA HOBLI, K.G.F TALUK,
KOLAR- 563 121.
...PETITIONER
(BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR
SRI. GURUVA REDDY N., ADVOCATE)
AND:
1. SRI DR K SHIVAPRASAD,
S/O SRI.KAMALASAMBHAVA
(PRE-SANSYASATHVA) AND SREE
SREE KAMALASAMBHAVA ALIAS
SAMBASHIVAMURTHY SWAMIJI
(AFTER SANYASTHVA)
AGED ABOUT 47 YEARS,
R/AT NO.213, MULTI SPECIALITY
ORTHOPEDIC CLINIC ,7TH CROSS,
6TH BLOCK, BSK III STAGE, NEAR
KAMKYA THEATRE SIGNAL,
BENGALURU - 560 085.
AND ALSO AT
KAMMASANDRA VILLAGE
BETHAMANGALA HOBLI, K.G.F TALUK,
KOLAR - 563 121.
2. SRI. SURI,
S/O SRIRAMAPPA,
AGED ABOUT 38 YEARS,
SHOP NO.43 AND 51, NEAR
SREE KOTILINGESHWARA SWAMY TEMPLE,
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI, K.G.F. TALUK ,
KOLAR - 563 121.
...RESPONDENTS
(BY SRI. SUJAYEENDRA.S., ADVOCATE FOR R1;
R2- SERVED)
THIS WP IS FILED UNDER THE ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 16/12/023 PASSED ON IA-I IN THE SUIT O.S. NO.
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WP No. 2239 of 2024
C/W WP No. 1235 of 2024
WP No. 1238 of 2024
HC-KAR AND 2 OTHERS
19/2023 BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC,
KGF VIDE ANNEXURE-J AND CONSEQUENTLY ALLOW THE
IA NO. 1 FILED BY THE PETITIONER UNDER ORDER I RULE
10(2) R/W SECTION 151 OF CPC.
IN WP NO. 1238/2024
BETWEEN:
MS K V KUMARI,
AGED ABOUT 58 YEARS,
ADMINISTRATOR OF SREE
KOTELINGESHWARASWAMY TEMPLE,
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F. TALUK,
KOLAR DISTRICT - 563 121.
...PETITIONER
(BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR
SRI. GURUVA REDDY N., ADVOCATE)
AND:
1. SRI D K SHIVAPRASAD,
S/O LATE SRI. KAMALASAMBHAVA
(PRE-SANSYASATHVA) AND SREE
SREE KAMALASAMBHAVA ALIAS
SAMBASHIVAMURTHY SWAMIJI
(AFTER SANYASATHVA)
AGED ABOUT 47 YEARS,
R/AT NO.213, MULTI-SPECIALITY
ORTHOPEDIC CLINIC,
7TH CROSS, 6TH BLOCK, BSK III STAGE,
NEAR KAMKYA THEATRE SIGNAL,
BANGALORE - 560 085.
AND ALSO AT
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F. TALUK,
KOLAR DISTRICT - 563 121.
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C/W WP No. 1235 of 2024
WP No. 1238 of 2024
HC-KAR AND 2 OTHERS
2. SRI. PARAMESH,
S/O SRINIVASAPPA,
AGED ABOUT 53 YEARS,
SHOP NO.27, NEAR SREE
KOTILINGESHWARA SWAMY TEMPLE,
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F TALUK,
KOLAR DISTRICT - 563 121.
...RESPONDENTS
(BY SRI. SUJAYEENDRA.S., ADVOCATE FOR R1;
V/O DTD 16.01.2024, NOTICE TO R2 D/W)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 16/12/2023 PASSED ON IA-I IN THE SUIT O.S. NO.
18/2023 BY THE ADDL. SENIOR PRL. CIVIL JUDGE AND
JMFC, KGF VIDE ANNEXURE-J AND CONSEQUENTLY ALLOW
THE IA NO. 1 FILED BY THE PETITIONER UNDER ORDER I
RULE 10(2) R/W SECTION 151 OF CPC.
IN WP NO. 1240/2024
BETWEEN:
MS K V KUMARI,
AGED ABOUT 58 YEARS,
ADMINISTRATOR OF SREE
KOTELINGESHWARA SWAMY TEMPLE,
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F. TALUK,
KOLAR DISTRICT - 563 121.
...PETITIONER
(BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR
SRI. GURUVA REDDY N., ADVOCATE)
AND:
1. SRI DR K SHIVAPRASAD,
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C/W WP No. 1235 of 2024
WP No. 1238 of 2024
HC-KAR AND 2 OTHERS
S/O LATE SRI. KAMALASAMBHAVA
(PRE-SANSYASATHVA) AND SREE
SREE KAMALASAMBHAVA ALIAS
SAMBASHIVAMURTHY SWAMIJI
(AFTER SANYASATHVA)
AGED ABOUT 47 YEARS,
R/AT NO.213, MULTI-SPECIALTY
ORTHOPEDIC CLINIC, 7TH CROSS,
6TH BLOCK, BSK III STAGE,
NEAR KAMKYA THEATRE SIGNAL,
BANGALORE - 560 085.
AND ALSO AT
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F. TALUK,
KOLAR DISTRICT - 563 121.
2. SRI.NATARAJ,
S/O SRINIVASAPPA,
AGED ABOUT 45 YEARS,
SHOP NO.6, 7, 8, 46, 47 AND 48
NEAR SREE KOTILINGESHWARA
SWAMY TEMPLE,
KAMMASANDRA VILLAGE,
BETHAANGALA HOBLI,
K.G.F. TALUK,
KOLAR DISTRICT - 563 121.
...RESPONDENTS
(BY SRI. SUJAYEENDRA.S., ADVOCATE FOR R1;
R2- SERVED)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE
CONCERNED RECORDS QUASH THE ORDER DTD
16.12.2023 PASSED ON I.A.I IN THE SUIT O.S.NO.21/2023
BY THE ADDL. SENIOR PRL. CIVIL JUDGE AND JMFC, KGF
VIDE ANNEXURE-J AND CONSEQUENTLY ALLOW THE IA
NO.1 FILED BY THE PETITIONER UNDER ORDER 1 RULE
10(2) R/W SECTION 151 OF CPC.
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WP No. 2239 of 2024
C/W WP No. 1235 of 2024
WP No. 1238 of 2024
HC-KAR AND 2 OTHERS
IN WP NO. 1342/2024
BETWEEN:
MS K V KUMARI,
AGED ABOUT 58 YEARS,
ADMINISTRATOR OF SREE
KOTELINGESHWARA SWAMY TEMPLE,
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F. TALUK
KOLAR DISTRICT - 563 121.
...PETITIONER
(BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR
SRI. GURUVA REDDY N., ADVOCATE)
AND:
1. SRI DR K SHIVAPRASAD,
S/O LATE SRI KAMALASAMBHAVA
(PRE-SANSYASATHYA) AND SREE
SREE KAMALASAMBHAVA ALIAS
SAMBASHIVAMURTHY SWAMIJI
(AFTER SANYASATHVA)
AGED ABOUT 47 YEARS,
R/AT NO 213, MULTI SPECIALTY
ORTHOPEDIC CLINIC, 7TH CROSS,
6TH BLOCK, BSK III STAGE,
NEAR KAMKYA THEATRE SIGNAL,
BANGALORE - 560 085.
AND ALSO AT
KAMMSANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F. TALUK
KOLAR DISTRICT - 563 121.
2. SRI VENKATESHAPPA,
S/O SEENAPPA (VENKATARAMAIAH)
AGED ABOUT 48 YEARS,
SHOP NO 03 AND 32, NEAR SREE
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C/W WP No. 1235 of 2024
WP No. 1238 of 2024
HC-KAR AND 2 OTHERS
KOTELINGESHWARA SWAMY TEMPLE,
KAMMASANDRA VILLAGE,
BETHAMANGALA HOBLI,
K.G.F. TALUK
KOLAR DISTRICT - 563 121.
...RESPONDENTS
(BY SRI. SUJAYEENDRA.S., ADVOCATE FOR R1;
V/O DTD 16.01.2024, NOTICE TO R2 D/W)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE
CONCERNED RECORDS. QUASH THE ORDER DTD
16.12.2023 PASSED ON I.A.I IN THE SUIT O.S.NO.20/2023
BY THE ADDL. SENIOR PRL. CIVIL JUDGE AND JMFC, KGF
VIDE ANNEXURE-J AND CONSEQUENTLY ALLOW THE IA
NO.1 FILED BY THE PETITIONER UNDER ORDER 1 RULE
10(2) R/W SECTION 151 OF CPC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
In these five writ petitions common question arises for consideration and therefore, they are heard together and disposed of by this common order.
2. Heard the learned counsel for the parties.
3. Respondent No.1 in these writ petitions Dr.C.K.Shivaprasad had filed five separate suits in O.S.Nos.17/2023, 18/2023, 19/2023, 20/2023 and -9- NC: 2025:KHC:41715 WP No. 2239 of 2024 C/W WP No. 1235 of 2024 WP No. 1238 of 2024 HC-KAR AND 2 OTHERS 21/2023 respectively against respondent No.2 in these writ petitions seeking the relief of ejectment of the defendant from the suit schedule premises and also for recovery of arrears of rent for the period mentioned in the prayer to the suits. In the said suits, the defendant/tenant had filed a detailed written statement opposing the relief sought in the suit. The petitioner herein had filed I.A.No.1 under Order I Rule 10(2) read with Section 151 of CPC in the aforesaid five suits, with a prayer to implead her as party dependent to the above five suits. The said applications were opposed by respondent No.1 herein, who is the plaintiff in the aforesaid five suits, by filing objections. The Trial court vide impugned Order's dated 16.12.2023, passed separate five orders in the aforesaid suits rejecting I.A.No.1 filed by the petitioner and being aggrieved by the same, the petitioner is before the court.
4. Learned Senior Counsel appearing for the petitioner submits that petitioner has filed a separate suit in O.S.No.25/2019 against respondent No.1 herein before
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the Jurisdictional Civil Court at KGF, Kolar District with a prayer to declare her as uttaradhikari/successor of the temple existing in the scheduled property, as per the registered Will dated 08.01.2004, left behind by one Sri.Sambashivamurthy Swamiji and also for the consequential relief of permanent injunction against the defendant in the said suit and his family members. He submits that the parties to the suit in O.S.No.25/2019 were before this Court in W.P.Nos.49400/2019 and 49995/2019 and the said writ petitions were disposed of by a common order and it was held that petitioner herein shall continue at the helm of affairs of administration and management of the suit temples and properties, with the servient association of the defendant namely Sri.K.Shiva Prasad. He submits that as against the said order, Sri.K.Shiva Prasad had approached the Hon'ble Supreme Court in Special Leave to Appeal (C) Nos.1926-1927/2020 and while disposing of the said case, the Hon'ble Supreme Court has further observed that petitioner herein shall
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maintain the accounts of the suit temples and its property and file them before the Trial Court on a quarterly basis, commencing from 01.04.2020. Therefore, the petitioner is a necessary party to the present suit, which is filed by respondent No.1 herein in respect of the property belonging to the temple, in which respondent No.2 is a tenant. He accordingly prays to allow the petition.
5. Per contra, learned counsel appearing for respondent No.1 submits that scope of the suit which is for ejectment is only limited. There is nothing to show that the suit schedule properties in the present five suits belongs to the temple. The Trial Court therefore was fully justified in rejecting the application for impleading. He has placed reliance on the judgment of Hon'ble Supreme Court in the case of KANAKLATA DAS AND OTHERS VS. NABA KUMAR DAS AND OTHERS, reported in (2018) 2 SCC 352 and submits that in a suit for ejectment even a co-owner cannot be permitted to be impleaded, since only
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the landlord and tenant are necessary parties to the said suit. Accordingly, he prays to dismiss the writ petition.
6. The records in these petitions reveal that petitioner herein has filed O.S.No.25/2019 before the Jurisdictional Civil Court against respondent No.1 herein with a prayer to declare that she is the uttaradhikari/successor of the temples existing in the suit schedule properties, as per the registered Will dated 08.01.2004 executed by Sri.Sambashivamurthy Swamiji and also has prayed for consequential relief of permanent injunction against respondent No.1 herein and his family members.
7. Perusal of the scheduled properties in O.S.No.25/2019 would reveal that all existing structures including open spaces in property bearing Survey No. 60, 62, 44/P-1, 52/1 and 53 situated at Kammasandra Village, Bethamangala Hobli, K.G.F. Taluk are included in the suit schedule premises in O.S.No.25/2019. The suit schedule
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properties in the present suits are all shop premises existing either in property bearing Survey No.60 or in property bearing Survey No.53, Kammasandra Village, which prima facie appears to be subject matter in O.S.No.25/2019.
8. In W.P.Nos.49400/2019 connected with 49995/2019 which arose from O.S.No.25/2019, this Court while disposing of the aforesaid two writ petitions by Order dated 05.11.2019, has observed that petitioner herein shall continue at the helm of affairs of the administration and the management of suit premises and properties, with the servient association of defendant Sri.K.Shiva Prasad. This Court has further observed that the Deputy Commissioner of Kolar District shall ensure that the District Administration shall disassociate from the affairs of the administration and the management of the subject temples and properties that yield in place/position to the plaintiff. (namely the petitioner herein). As against the said order, the defendant in O.S.No.25/2019 Sri.K.Shiva
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Prasad had approached the Hon'ble Supreme Court in Special Leave to Appeal (C) Nos.1926-1927/2020 which was disposed of by the Hon'ble Supreme Court on 27.01.2020. The Hon'ble Supreme Court while disposing of the aforesaid Special Leave to Appeal (C) Nos.1926- 1927/2020 has issued some interim directions in addition to the directions which were issued by this Court and the same reads as follows:
(i) The respondent shall maintain accounts of the suit temple and its properties and file them before the Trial court on a quarterly basis, commencing from 1 April 2020;
(ii) The petitioners would be entitled to inspect the accounts of the previous month on the seventh day of the succeeding month;
(iii) The respondent shall convene a meeting on the seventh day of every month to apprise the petitioners of all matters pertaining to the management of the affairs of the temple and its properties.
Observance of the directions contained in (i),
(ii) and (iii) above shall, it is clarified, meet the
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9. From a reading of the aforesaid directions issued by this Court as well as by the Hon'ble Supreme Court, it is apparent that the petitioner has been given the right to manage the affairs of the suit temples and properties in O.S.No.25/2019 with the servient association of the defendant Sri.K.Shiva Prasad and the petitioner is also directed to maintain accounts of the suit temples and its properties and file them before the Trial Court regularly on quarterly basis.
10. The suits out of which these five writ petitions arise, filed by respondent No.1 herein respectively against respondent No.2 herein with a prayer for ejectment of respondent No.2 from the suit schedule premises and also for recovery of arrears of rent and for future mesne profits. In addition to the prayer of ejectment of respondent No.2 who is a tenant in the suit schedule
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properties, there is also a prayer for recovery of the arrears of rent and for future mesne profits. The suit schedule premises in all the five suits are situated in property bearing Sy.No.60 or in Sy.No.53 of Kammasandra Village, K.G.F. Taluk which are subject matter of O.S.No.25/2019 and the defendants in the five suits filed by respondent No.1 herein have contended in their written statement that the property bearing Sy.No.60, Sy.No.53 and all its fixtures/shops including the suits schedule shops belong to deceased Sri.Kamala Samba Shivamurthy Swamiji, who renounced the world and became Sanyasi and dedicated all his properties to Sri.Kotilingeshwara Swamy Deity / Idol during his life time. The Trial Court has failed to appreciate this aspect of the matter and in my considered view has erred in rejecting the application filed by the petitioner to implead her as party defendant in the aforesaid five suits filed by respondent Nos.1 herein against the tenants, since the petitioner has been given the authority to manage the
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affairs of the temples and also to maintain accounts and submit the same regularly before the Trial Court. In order to comply with the directions issued by this Court, in W.P.Nos.49400/2019 and 49995/2019 and by the Hon'ble Supreme Court in Special Leave to Appeal (C) Nos.1926- 1927/2020, the petitioner becomes a necessary party to the suits. The judgment in the case of KANAKLATA DAS (supra) cannot be made applicable to the facts and circumstances of the present case. It is trite that judgments can be relied as precedent only if the same is applicable to the facts and circumstances of the case. Under the circumstances, I am of the opinion that the Trial Court had erred in rejecting the applications filed on behalf of the petitioner herein to implead her as party defendant in O.S.Nos.17/2023, 18/2023, 19/2023, 20/2023 and 21/2023. Under the circumstances, the impugned order's cannot be sustained. Accordingly, the following:
ORDER
(i) The writ Petitions are allowed.
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(ii) The impugned order's dated
16.12.2023 passed on I.A.No.1 in
O.S.Nos.17/2023, 18/2023, 19/2023, 20/2023 and 21/2023 by the Court of Additional Senior Principal Civil Judge and JMFC, KGF are set aside and consequently the prayer made in the said applications are granted.
(iii) The Trial Court shall make efforts to dispose of the suits on merits as expeditiously as possible.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 6