Karnataka High Court
Ms Soniya Rachel Chacko vs M/S Sandesh Education Cultural And ... on 29 October, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC:43269
MFA No. 6537 of 2025
C/W MFA No. 4769 of 2025
MFA No. 4783 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29th DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.6537 OF 2025 C/W
MISCELLANEOUS FIRST APPEAL NO.4769 OF 2025
MISCELLANEOUS FIRST APPEAL NO.4783 OF 2025 (CPC)
IN MFA No.6537/2025
BETWEEN:
1. SANDESH EDUCATION, CULTURAL AND
CHARITABLE TRUST (R)
HAVING ITS REGISTERED OFFICE AT
80 FEET RING ROAD,
1ST MAIN ROAD,
NEAR MALLATHAHALLI BUS STOP,
MALLATHAHALLI,
BANGALORE - 560 056.
REP. BY ITS FOUNDER /TRUSTEE
DR. VENKATAGIRI. K
2. SRI. K. VENKATAGIRI
Digitally S/O LATE M.B. KRISHNA REDDY
signed by AGED ABOUT 44 YEARS
RAMYA D RESIDIDNG AT NO. 33/3A,
Location: NEAR MALATHAHALLI BUS STOP,
HIGH COURT
OF MALLATHAHALLI ,
KARNATAKA BANGALORE - 560 056.
ALSO AT PHASE NO.01
TOWER NO.5, FLAT NO.403,
SALAPURI ANUGRAHA APARTMENT,
MUNCI.08/1-1, SAJJEPALYA VILLAGE,
MAGADI MAIN ROAD,
YESHWANTHAPURA HOBLI ROAD,
BENGALURU NORTH TALUK,
BENGALURU - 560 079.
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MFA No. 6537 of 2025
C/W MFA No. 4769 of 2025
MFA No. 4783 of 2025
HC-KAR
AND ALSO AT NO.569,
RENUKA NILAYA,
CHITRADURGA ROAD,
NEAR MUSS VITTAINAGAR,
CHALLAKERE,
CHITRADURGA - 577 522.
...APPELLANTS
(BY SRI. PRABHULING K.NAVADGI, SR. COUNSEL A/W
SRI. NITIN A.M., ADVOCATE)
AND:
1. MRS. SONIYA RACHEL CHACKO
AGED ABOUT 38 YEARS
D/O NE CHACKO
SUNIL VILLA ARATAPUZHA,
CHENGANNUR TALUK AND POST,
AVANMULA, KOZHENCHURY,
PATHANAMTHITTA,
KERALA-689 123.
2. LITTLE FLOWER COLLEGE OF NURSING
HAVING ITS REGISTERED OFFICE
AT 80 FEET RING ROAD
1ST MAIN ROAD
NEAR MALLATHAHALLI BUS STOP,
MALLATHAHALLI, BANGALORE 560 056
REP BY ITS PRINCIPAL
3. MRS. NAGARATHNAMMA
W/O LATE M B KRISHNA REDDY
AGED ABOUT 75 YEARS
R/A RENUKA NILAYA,
OPP K.E.B.POWER STATION,
CHITRADURGA ROAD,
CHALLAKERE.
TRUSTEE OF SANDESH EDUCATION
CULTURAL AND CHARITABLE TRUST ®
AT 80 FEET RING ROAD, 1ST MAIN ROAD,
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MFA No. 6537 of 2025
C/W MFA No. 4769 of 2025
MFA No. 4783 of 2025
HC-KAR
NEAR MALLATHAHALLI BUS STOP,
MALLATHAHALLI, BENGALURU-560056.
ALSO AT PHASE NO.01, TOWER NO.5,
FLAT NO.403, SALAPURI ANUGRAHA APARTMENT,
MUNCI. 08/1-1, SAJJEPALYA VILLAGE,
MAGADI MAIN RAOD,
YESHWANTHAPURA,
HOBLI ROAD,
BENGALURU NORTH TALUK,
BENGALURU - 560 079.
AND ALSO AT NO.569,
RENUKA NILAYA,
CHITRADURGA ROAD,
NEAR MUSS VITTAINAGAR,
CHALLAKERE,
CHITRADURGA - 577 522.
4. MR. RANGAPPA REDDY
S/O LATE MARAHANUMAPPA REDDY
AGED ABOUT 80 YEARS
R/A NO. 18, MANJUNATHA NILAYA
THIRUPALYA, BOMMASANDRA POST,
BANGLAORE-560 099.
TRUSTEE OF SANDESH EDUCATION
CULTURAL AND CHARITABLE TRUST(R)
AT 80 FEET RING ROAD
1ST MAIN ROAD
NEAR MALLATHAHALLI BUS STOP
MALLATHAHALLI
BANGALORE - 560 056.
5. MR. SANDESH.M
S/O MANJUNATHA REDDY M P
AGED ABOUT 34 YEARS
R/A NO. 569, RENUKA NILAYA,
CHITRADURGA ROAD,
NEAR MUSS VITTAINAGAR,
CHALLAKERE, CHITRADURGA - 577 522.
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MFA No. 6537 of 2025
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MFA No. 4783 of 2025
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ALSO AT SANDESH EDUCATION
CULTURAL AND CHARITABLE TRUST (R)
AND LITTLE FLOWER COLLEGE OF NURSING
AT 80 FEET RING ROAD,
1ST MAIN ROAD,
NEAR MALLATHAHALLI BUS STOP,
MALLATHAHALLI,
BANGALORE - 560 056
...RESPONDENTS
(BY SRI.D.R.RAVISHANKAR, SR.COUNSEL A/W
SMT.SIRI.R, ADVOCATE FOR C/R (CP 19304/25))
THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE
ORDER DATED 01.09.2025 PASSED ON I.A.NO.1 IN
OS.NO.5902/2022 ON THE FILE OF LXXV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.76),
ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND
2 OF CPC.
IN MFA NO.4769/2025
BETWEEN:
MS. SONIYA RACHEL CHACKO
DAUGHTER OF N.E.CHACKO,
AGED ABOUT 38 YEARS,
R/ AT NO. 543, SERENITY APARTMENT,
RAILWAY MEN LAYOUT,
1ST STAGE, 12TH CROSS,
BHAVANINAGAR,
BENGALURU - 560 072.
...APPELLANT
(BY SRI. D.R. RAVISHANKAR, SR. COUNSEL A/W,
SMT. SIRI RAJASHEKAR, ADVOCATE)
AND:
SANDESH EDUCATION CULTURAL SOCIETY (R)
REP BY ITS TRUSTEE MR. SANTHOSH M
HAVING REGISTERED OFFICE AT
80 FEET RING ROAD, 1ST MAIN ROAD,
NEAR MALLATHALLI BUS STOP,
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MFA No. 6537 of 2025
C/W MFA No. 4769 of 2025
MFA No. 4783 of 2025
HC-KAR
MALLATHALLI,
BENGALURU - 560 086.
...RESPONDENT
(BY SRI. PRABHULING K.NAVADGI, SR. COUNSEL A/W
SRI. NITIN A.M, ADVOCATE)
THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT.28.04.2025 PASSED ON IA
NO.1/2022 IN O.S.NO. 557/2022 ON THE FILE OF THE
LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CCH-76, ALLOWING THE IA.NO.1 FILED
UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF
CPC, 1908.
IN MFA NO.4783/2025
BETWEEN:
MS. SONIYA RACHEL CHACKO
DAUGHTER OF N E CHACKO,
AGED ABOUT 38 YEARS,
R/ AT NO. 543, SERENITY APARTMENT,
RAILWAY MEN LAYOUT,
1ST STAGE, 12TH CROSS,
BHAVANINAGAR,
BENGALURU - 560 072
...APPELLANT
(BY SRI. D.R. RAVISHANKAR, SR. COUNSEL A/W
SMT. SIRI RAJASHEKAR, ADVOCATE)
AND:
M/S SANDESH EDUCATION CULTURAL AND
CHARITABLE TRUST,
REP BY ITS TRUSTEE MR. SANDESH.M
HAVING REGISTERED OFFICE AT
NO.33/3A, NEAR MALLATHALLI BUS STOP,
MALLATHALLI
BENGALURU - 560 086
...RESPONDENT
(BY SRI. PRABHULING K.NAVADGI, SR. COUNSEL A/W
SRI. NITIN A.M, ADVOCATE)
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MFA No. 6537 of 2025
C/W MFA No. 4769 of 2025
MFA No. 4783 of 2025
HC-KAR
THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 28.04.2025 PASSED ON I.A.NO.1 IN
OS.NO.555/2022 ON THE FILE OF THE LXXV ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-76),
ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1
AND 2 READ WITH SECTION 151 OF CPC.
THESE APPEALS ARE HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, JUDGMENT IS
DELIVERED THEREIN AS UNDER
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CAV JUDGMENT
MFA.No.6537/2025 is filed by defendant Nos.1 and 2
- Sandesh Education, Cultural and Charitable Trust (R)
(hereinafter referred to as the "Trust") calling in question
the order dated 01.09.2025 passed on I.A.No.1 filed under
Order XXXIX Rules 1 and 2 of CPC in O.S.No.5902/2022
on the file of LXXV Addl. City Civil and Sessions Judge,
Bengaluru (CCH-76), thereby, the application filed by the
plaintiff - Smt. Soniya Rachel Chacko is allowed granting
the order of temporary injunction restraining the
defendants - Trust, their agents, servants, legal
representative, assigns, administrators or any person who
claim under them from obstructing the plaintiff entering
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the College premises and Trust office or interfering with
the plaintiff in any manner from functioning as a Secretary
of defendant No.1 and also as an Assistant Professor of
defendant No.3-College.
MFA.No.4769/2025 is filed by the defendant - Smt.
Soniya Rachel Chacko calling in question the order dated
28.04.2025 passed on I.A.No.1 filed under Order XXXIX
Rules 1 and 2 of CPC in O.S.No.557/2022 on the file of
LXXV Addl. City Civil and Sessions Judge, Bengaluru,
thereby, the application filed by the plaintiff - Trust is
allowed granting the order of temporary injunction
restraining the defendant - Smt. Soniya Rachel Chacko,
her agents or henchmen from interfering with the
possession and enjoyment of the suit schedule 'A' property
of the plaintiff - Trust.
MFA.No.4783/2025 is filed by the defendant - Smt.
Soniya Rachel Chacko calling in question the order dated
25.04.2025 passed on I.A.No.1 filed under Order XXXIX
Rules 1 and 2 of CPC in O.S.No.555/2022 on the file of
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LXXV Addl. City Civil and Sessions Judge, Bengaluru,
thereby the application filed by the plaintiff - Trust is
allowed restraining the defendant, her agents or
henchmen from interfering with the peaceful possession
and enjoyment of the suit schedule 'A' and 'B' properties
of the plaintiff - Trust.
2. Brief facts involved in the cases are:
In MFA.No.6537/2025 (O.S.No.5902/2022):
Smt. Soniya Rachel Chacko has filed the suit for
permanent injunction restraining the defendants - Trust,
their agents, servants, legal representative, assigns,
administrators or any other person who claim under them
from obstructing the plaintiff entering the College premises
and Trust office or interfering with the plaintiff in any
manner from functioning as a Secretary of defendant No.1
and also as an Assistant Professor of defendant No.3-
College and also for declaration that the procedure
adopted to remove the plaintiff from the Trust Board is
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valid, illegal, and malafide and for consequential
permanent injunction and other reliefs.
In MFA.No.4769/2025 (O.S.No.557/2022):
The Sandesh Education, Cultural and Charitable Trust
(R) has filed the suit for permanent injunction restraining
the defendant or her henchmen, agents or anybody
claiming on behalf of them from interfering with the
plaintiff's peaceful possession and enjoyment of the suit
schedule 'A' property.
In MFA.No.4783/2025 (O.S.No.555/2022):
The Sandesh Education, Cultural and Charitable Trust
(R) has filed the suit for permanent injunction restraining
the defendant or her henchmen, agents or anybody
claiming on behalf of them from interfering with the
plaintiff's peaceful possession and enjoyment of the suit
schedule 'A' and 'B' properties.
3. The above three appeals are arising out of the
respective orders passed upon the applications filed for
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temporary injunction in various three suits as above stated
and the appeals in all the suits are one and the same. The
dispute is between Smt. Soniya Rachel Chacko and the
Sandesh Education, Cultural and Charitable Trust (R).
Since the parties in all the suits are interchanged, they are
referred to as Smt. Soniya Rachel Chacko and opponent
party as Trust (The Sandesh Education, Cultural and
Charitable Trust (R)) for easy reference and convenience.
4. The trial Court in O.S.No.5902/2022
(MFA.No.6537/2025) has granted an order of temporary
injunction restraining Sandesh Education, Cultural and
Charitable Trust (R) by way of temporary injunction from
obstructing the plaintiff- Smt. Soniya Rachel Chacko in
entering the College premises and Trust office or
interfering with the plaintiff in any manner from
functioning as a Secretary of defendant No.1 and also as
an Assistant Professor of defendant No.3-College.
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5. In O.S.No.557/2022 (MFA.No.4769/2025) and
O.S.No.555/2022 (MFA.No.4783/2025) the trial Court has
granted an order of temporary injunction restraining the
defendant- Smt. Soniya Rachel Chacko or her henchmen,
agents or anybody claiming on behalf of them from
interfering with peaceful possession and enjoyment of
College premises and Trust office.
6. Therefore, there are three separate orders in
three separate suits restraining the respective parties. The
subject matter in all the three suits more or less are
similar and pleadings in the said three suits are more or
less or replica of each other. All the three orders are
delivered by the very same Presiding Officer, but on
different dates without clubbing the three suits, but passed
separate orders on different dates. The net effect of all
three orders is that granting injunction to both the
plaintiffs and defendants in the suits restraining them from
interfering with the peaceful possession and enjoyment of
College premises and Trust office.
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7. In O.S.No.5902/2022 the plaintiff is Smt.
Soniya Rachel Chacko and Trust and others are
defendants. The trial Court has granted the order of
temporary injunction in favour of Smt. Soniya Rachel
Chacko against the defendant-Trust. Thereby, allowed
Smt. Soniya Rachel Chacko to enter the College premises
and Trust office and allowed to function as a Secretary of
the Trust and College.
8. In O.S.No.557/2022 and O.S.No.555/2022 the
order of temporary injunction granted is vice versa that
Smt. Soniya Rachel Chacko is restrained from entering the
College premises and Trust office. Therefore, the
impugned orders passed are not able to be implemented.
9. Further the learned counsel for the appellant -
Trust in MFA.No.6537/2025 has filed the application under
Order 41 Rule 27 of CPC for production of additional
documentary materials and canvassed that Smt. Soniya
Rachel Chacko is not entitled for order of temporary
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injunction. These documents were not placed before the
trial Court.
10. Both the learned Senior counsels in all the three
appeals argued with reference to the contents in the
materials placed by both sides. But under the peculiar
orders passed by the trial Court as above stated and also
for the fact that the appellants have produced the
additional documentary materials, which were not placed
before the trial Court for consideration and the order of
temporary injunction granted in all three suits are in
favour of both the Trust and Smt. Soniya Rachel Chacko.
Therefore, pleads chaos.
11. Therefore, the Court is of the opinion that
without expressing any opinion on the merits involved in
the case to remand the matters to the trial Court for fresh
consideration of the applications. Hence, the trial Court is
directed to club all the three suits and pass common
orders on the applications filed for temporary injunction in
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all the three suits, in such an event, either of parties will
enjoy the order of temporary injunction, if it is going to be
passed. Therefore, the impugned orders in the appeals are
liable to be set aside by allowing the appeals and the
matters are remanded to the trial Court for fresh
consideration of all the applications filed for temporary
injunction.
12. Hence, I proceed to pass the following
ORDER
i. The appeals are allowed.
ii. The impugned orders dated 01.09.2025,
28.04.2025 and 25.04.2025 passed on I.A.No.1
filed under Order XXXIX Rules 1 and 2 of CPC in
O.S.Nos.5902/2022, 557/2022 and
O.S.No.555/2022 on the file of LXXV Addl. City
Civil and Sessions Judge, Bengaluru, are hereby
set aside.
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iii. The matters are remanded to the trial Court for
fresh consideration of all the applications filed
for temporary injunction.
iv. The trial Court shall club all the three suits and
consider all the applications filed for temporary
injunction in accordance with law.
v. All contentions are kept open.
vi. The parties are at liberty to produce any
additional documentary materials for
consideration of applications.
vii. No order as to costs.
viii. The trial Court is directed to expedite hearing
application and trial in the suits and dispose of
the application as early as possible.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PB
