Karnataka High Court
Mahadevappa S/O Ramchandra Wadeyar vs Sri Siddeshwar Temple Trust Committee ... on 31 March, 2023
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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WP No. 202500 of 2021
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.202500 OF 2021 (GM-CPC)
BETWEEN:
1. MAHADEVAPPA
S/O RAMCHANDRA WADEYAR,
AGE: 59 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI - 585 101.
2. MALINGARAYA DEVASTAN CHARITABLE TRUST
REPRESENTED BY HIS HOLINESS
SRI.MAHADEVAPPA S/O RAMCHANDRA WADEYAR
AGE: 59 YEARS, OCC: AGRICULTURE
R/O MELKUNDA (B) VILLAGE
TQ. AND DIST.KALABURAGI - 585 101.
Digitally signed by
THEJASKUMAR N (RESPONDENT NO.3 IS TRANSPOSED AS
Location: HIGH PETITIONER NO.2 VIDE ORDER
COURT OF DATED 14.03.2022)
KARNATAKA ...PETITIONERS
(BY SRI.MANJUNATH GINNI., ADVOCATE)
AND:
1. SRI SIDDESHWAR TEMPLE TRUST COMMITTEE
REPRESENTED BY
GURANNA S/O SHIVARAYA BHARADI,
AGE: 64 YEARS,
OCC: CIVIL ENGINEER,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI - 585 101.
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WP No. 202500 of 2021
2. BHIMRAO
S/O SHARANAPPA KOLLUR,
AGE: 63 YEARS,
OCC: AGRICULTURE AND SECRETARY OF
SRI. SIDDESHWAR TEMPLE TRUST COMMITTEE,
R/O MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
3. R3 TRANSPOSED AS PETITIONER NO.2
V/O DATED 14.03.2022
4. ANNARAYA S/O BABU PUJARI
AGE: 49 YEARS,
OCC: PARAMEDICAL WORKER,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
5. SHIVAPUTRAPPA
S/O HANMANTHARAY PUJARI
AGE: 55 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
6. SHIVARAYA
S/O SIDDAPPA WADEYAR
AGE: 55 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
7. SIDDANNA
S/O SHIVAPUTRAPPA PUJARI
AGE: 35 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
8. SHAMARAYA
S/O SHIVARAYA WADEYAR
AGE: 34 YEARS,
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WP No. 202500 of 2021
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
9. RAJENDRA
S/O BEERANNA PUJARI
AGE: 32 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
10. HANMANTH
S/O BABU PUJARI
AGE: 43 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
11. BHIMSHA
S/O MALLAPPA PUJARI
AGE: 53 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
12. SIDDANNA
S/O SOMANNA PUJARI
AGE: 54 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
13. DATTAPPA
S/O PADMANNA PUJARI
AGE: 57 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
14. SIDDANNA
S/O SHAMARAYA
AGE: 35 YEARS,
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WP No. 202500 of 2021
OCC: TAILOR,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
15. LAXMAN
S/O BEERANNA PUJARI
AGE: 40 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
16. PEERAPPA
S/O SOMANNA PUJARI
AGE: 60 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
17. SOMANNA
S/O MANAGINASIDDA PUJARI
AGE: 35 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
18. SIDDANNA
S/O SAIBANNA PUJARI
AGE: 44 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
19. SAMANNA
S/O SIDRAMAPPA PUJARI
AGE: 39 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
20. SHIVAYOGI
S/O JAKKAPPA HOSMANI
AGE: 56 YEARS,
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WP No. 202500 of 2021
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
21. MALLESH
S/O MALAPPA KANTI
AGE: 62 YEARS,
OCC: AGRICULTURE,
R/O. MELKUNDA (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
...RESPONDENTS
(BY SRI.B.K.HIREMATH., ADVOCATE FOR R1 & R2;
SRI.TULASIRAM K.JOGI., ADV. FOR R4-R12 & R14-R21;
V/O DATED 14.03.2022 PETITION AGAINST
R13 IS DISMISSED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Manjunath Ginni., learned counsel for the petitioners and Sri.B.K.Hiremath., learned counsel for respondents 1 & 2 have appeared in person.
The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 22.10.2021 passed by the Court of Principal Civil Judge and JMFC, Kalaburagi, on I.A.No.III in O.S.No.405/2017.
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Learned counsel for the petitioners and the respondents have urged several contentions.
Heard, the contentions urged on behalf of the respective parties and perused the Writ papers and also the Annexures with utmost care.
The material on record discloses that the petitioners are plaintiffs; they along with other plaintiffs filed a suit in O.S.No.405/2017 for declaration and injunction in respect of the suit schedule properties. The defendants in the said suit also preferred a suit in O.S.No.236/2016 on the file of Civil Judge, Kalaburagi, in respect of the same suit schedule properties claiming relief of permanent injunction. It is noted that in O.S.No.405/2017, the second Plaintiff moved an application under Section 151 of the Code of Civil Procedure seeking the clubbing of both suits. The Trial Court dismissed the said application mainly on the ground that an interim injunction order is passed in O.S.No.236/2016 and if the suits are clubbed that would prejudice the defendants.
I have perused the order passed by the Trial Court. The same is produced in Annexure-E. It is dated 22.10.2021. In my -7- WP No. 202500 of 2021 considered opinion, the reasoning of the Trial Court in rejecting I.A.No.III is fallacious in as much as it is contrary to the well- settled principles of law in relation to consolidation/ clubbing of suits in relation to the very same properties and between the same parties. The Trial Judge without appreciating the material evidence on record proceeded to reject the application. If clubbing of the suits is not ordered, it would result in duplication of evidence and conflicting orders.
Under these circumstances, this Court is of the view that the impugned order passed by the Trial Court on I.A.No.III has occasioned a failure of justice warranting interference by this Court in the present Writ Petition.
The result is that the Writ Petition will be allowed. This Court orders a Writ of Certiorari. The order dated 22.10.2021 passed by the Principal Civil Judge and JMFC, Kalaburagi, on I.A.No.III in O.S.No.405/2017 vide Annexure-E is quashed.
Resultantly, the Writ Petition is allowed. Consequently, I.A.No.III filed in O.S.No.405/2017 stands allowed.
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It is needless to observe that this Court has not expressed any opinion on the merits of the case. All the contentions of the parties are left open.
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JUDGE NB List No.: 1 Sl No.: 43