Karnataka High Court
Sri Siddeshwar Temple Trust Committee ... vs Malingaraya Devastan Charitable Trust ... on 27 January, 2023
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
W.P.NO.201612/2022 (GM-CPC)
BETWEEN:
1. SRI SIDDESHWAR TEMPLE TRUST COMMITTEE
REPRESENTED BY GURANNA
S/O: SHIVARAYA BHARADI,
AGE: 65 YEARS, OCC: CIVIL ENGINEER,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
2. BHIMRAO S/O SHARANAPPA KOLLUR,
AGE: 66 YEARS, OCC: AGRICULTURE AND
SECRETARY,
SRI SIDDESHWAR TEMPLE TRUST COMMITTEE
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
.... PETITIONERS
(BY SRI B.K. HIREMATH, ADVOCATE)
AND:
1. MALINGARAYA DEVASTAN CHARITABLE TRUST
REPRESENTED BY HIS HOLINESS
SRI MAHADEVAPPA S/O RAMACHANDRA WADEYAR,
AGE: 60 YEARS,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
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2. SRI MAHADEVAPPA S/O RAMACHANDRA WADEYAR,
AGE: 60 YEARS,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
3. ANNARAYA S/O BABU PUJARI,
AGE: 50 YEARS, OCC: PARAMEDICAL WORKER,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
4. SHIVAPUTRAPPA S/O HANAMANTHARAYA PUJARI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
5. SHIVARAYA S/O: SIDDAPPA WADEYAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
6. SIDDANNA S/O SHIVAPUTRAPPA PUJARI,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
7. SHAMARAYA S/O SHVIARAYA WADEYAR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
8. RAJENDRA S/O BEERANNA PUJARI,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
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9. HANMANTH S/O BABU PUJARI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
10. BHIMSHA S/O MALLAPPA PUJARI,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
11. SIDDANNA S/O SOMANNA PUJARI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
12. DATTAPPA S/O PADMANNA PUJARI,
AGE: 36 YEARS, OCC: TAILOR,
R/O: MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585213.
13. SIDDANNA S/O SHAMARAYA,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
14. LAXMAN S/O BEERANNA PUJARI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
15. PEERAPPA S/O SOMANNA PUJARI,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
16. SOMANNA S/O MANAGINASIDDA,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
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17. SIDDANNA S/O SAIBANNA PUJARI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
18. SAMANNA S/O SIDRAMAPPA PUJARI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
19. SHIVAYOGI S/O SIDRAMAPPA PUJARI,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
20. MALLESH S/O MALAPPA KANTI,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: MELKUNDA (B) VILLAGE,
TQ. & DIST. KALABURAGI-585213.
... RESPONDENTS
(R1 TO R20 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER
PASSED BY PRINCIPLE CIVIL JUDGE AT KALABURAGI IN
O.S.NO.405/2017 ON I.A NO.4/2022 ALLOWING THE
APPLICATION DATED 14.06.2022 VIDE ANNEXURE-E AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:-
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ORDER
The order of granting permission to amend the plaint in O.S.No.405/2017 on the file of Prl. Civil Judge and JMFC, Kalaburagi is called in question before this Court invoking Article 227 of the Constitution of India.
02. The plaintiffs have filed a suit for the relief of declaration to declare that the plaintiffs No.2 and 3 are entitled to manage and administer the Maliraya Temple along with seven other temples named in the prayer (A) of the plaint. Declaration is also sought to declare that registered Trust document No.65/1998-99 dated 09.11.1998 as illegal and void. Consequential mandatory injunction and perpetual injunction is also sought against the defendants.
03. The suit was contested by the defendants. Thereafter, the plaintiffs have filed the application under Order VI Rule 17 of the Code of Civil Procedure to amend the plaint. By way of amendment the plaintiffs sought 6 decree for possession of the suit properties. The said application was opposed by the defendants on the premise that the application is not maintainable and the proposed amendment changes the cause of action as well as the nature of the suit. It is also contended that the application is barred by time. The Trial Court vide impugned order granted amendment.
04. This Court has considered the grounds urged before this Court as well as considered the impugned order. The Trial Court has noticed that the trial has not yet commenced and the application for amendment seeking possession is in time. Since, the plaintiffs have sought declaration that the plaintiffs are entitled to manage the temples which are subject matter of the suit and the relief of possession is sought, by way of amendment, it cannot be stated that the relief will change the nature of the suit. The relief of possession as claimed by the plaintiffs, is ancillary to relief of declaration. If not the plaintiffs can very well file a suit for possession. The object of amendment is to avoid multiplicity of litigation. 7
05. Under these circumstances, there is no error in the order passed by the Trial Court, which is impugned in the writ petition. Consequently, the writ petition is dismissed.
Sd/-
JUDGE KJJ