Karnataka High Court
Sri Basavaraju vs Sri Antharagatte Goddess Kariyamma ... on 17 February, 2025
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WP No. 4235 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO.4235 OF 2024 (GM-CPC)
BETWEEN:
1. SRI. BASAVARAJU
AGED ABOUT 55 YEARS
S/O. SIDDAIAH,
R/AT. BEVINAHALLI VILLAGE,
KUPPUR POST,
HANDANAKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT - 527213.
2. SRI. K.M. CHANDRASHEKHAR ARADHYA
AGED ABOUT 57 YEARS,
S/O. MARULASIDDAIAH,
R/AT. KUPPUR VILLAGE AT POST,
SHETTYKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-527213.
Digitally signed 3. SRI. SHIVANNA
by RENUKA AGED ABOUT 55 YEARS,
Location: High S/O. NINGAPPA,
Court Of R/AT. DASIHALLI VILLAGE,
Karnataka THAMMADIHALLI POST,
HANDANAKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-527213.
4. SRI. C.M. SHIVANNA
AGED ABOUT 77 YEARS,
S/O. MARULAPPA,
R/AT. CHATTASANDRA VILLAGE,
MATHIGHATTA POST,
HANDANAKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-527213.
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WP No. 4235 of 2024
5. SRI. KRISHNAMURTHY
AGED ABOUT 55 YEARS,
S/O. RANGAIAH
R/AT. BENKANAKATTE VILLAGE,
KUPPUR POST, SHETTYKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-572226
6. SRI. MUNISWAMY
AGED ABOUT 58 YEARS,
S/O. MARULAIAH,
R/AT. BEVINAHALLI, BEVINAHALLI GATE,
KUPPUR POST, HANDANAKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-527213.
7. SRI. KRISHNAPPA
AGED ABOUT 67 YEARS,
S/O. DODDAKARIYAPPA,
R/AT. MADAPURA VILLAGE,
THAMMADIHALLI POST,
HANDANAKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-527213.
8. SRI. SOMASHEKHARAIAH
AGED ABOUT 52 YEARS,
S/O. KARIYAPPA,
R/AT. MADAPURA VILLAGE,
THAMMADIHALLI POST,
HANDANAKERE HOBLI
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-527213.
9. SRI. PARAMESHWARAIAH
AGED ABOUT 44 YEARS,
S/O. MUNIYAPPA,
R/AT. MADAPURA VILLAGE,
THAMMADIHALLI POST,
HANDANAKERE HOBLI
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-527213.
...PETITIONERS
(BY SMT. VARSHITHA, ADVOCATE FOR
SRI. DEEPAK BHASKAR, ADVOCATE)
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WP No. 4235 of 2024
AND:
SRI. ANTHARAGATTE GODDESS KARIYAMMA TEMPLE
SITUATED AT TAGACHEGHATTA GADI,
CHIKKANAYAKANAHALLI,
REPRESENTED BY THE ARCHAKAS
1. SRI. BOMMALINGAIAH,
AGED ABOUT 87 YEARS,
S/O. LATE LINGAPPA,
2. SRI. ESHWARAIAH
AGED ABOUT 52 YEARS,
S/O. LATE KARIYAPPA,
3. SRI. RAMAIAH
AGED ABOUT 57 YEARS,
S/O. LATE KARIYAPPA,
RESPONDENTS R/AT. MADAPURA VILLAGE,
HANDANAKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-572119.
...RESPONDENTS
(NOTICE SERVED ON RESPONDENT NOS.2 AND 3)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE ANNEXURE-A,
DATED 30.09.2023 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, TUMAKURU IN CIVIL OS NO.03/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
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ORAL ORDER
The defendants in O.S.No.3/2023 on the file of the Principal District and Sessions Judge, Tumakuru have filed this petition challenging the correctness of an order dated 30.09.2023 by which, the Trial Court directed both the parties to the suit to maintain status-quo in respect of the temple and its property.
2. The suit in O.S.No.3/2023 was filed for an order to direct the defendant Nos.2 to 10 to dissolve any trust formed illegally by them and not to in appoint any new trustee. They also sought for a direction to deliver possession of the trust property to the person entitled to the possession. They also claimed for accounts in respect of the temple and other reliefs.
3. The plaintiffs claimed that they filed Civil Misc.No.361/2021 against the defendants under Section 92(1) of Civil Procedure Code seeking leave to file a suit. The District Court passed an order dated 21.03.2023 allowing the application filed by them and permitted them to file a suit against the defendants. The plaintiffs alleged that the defendants had illegally constituted a committee of -5- NC: 2025:KHC:6915 WP No. 4235 of 2024 management and had misused the temple funds and they had also disobeyed the judgment and decree passed in O.S.No.1/2004 and 1/2005 concerning the land bearing Sy.No.13 Tagacheghatta village, Handanakere hobli, Chikkanayakanahalli Taluk. The plaintiffs claimed to be the archakas of the temple and claimed that they were performing the rituals in the temple as well as annual festivals and procession. The defendants allegedly being the members of managing committee of temple had attempted to demolish the temple without obtaining appropriate permission and therefore, the plaintiffs requested the Trial Court to direct the parties to maintain status-quo of the temple property till disposal of the suit.
4. The Trial Court in terms of the impugned order held that the defendant Nos.2 to 10 were unable to provide any satisfactory answer as to on whose permission they proposed to demolish the temple. The Trial Court therefore, directed both the parties to maintain status-quo.
5. Being aggrieved by the said order, the defendants are before this Court in this writ petition. -6-
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6. When this petition was listed for orders, the learned counsel for the petitioners submitted that the defendants No.2 to 10 would take necessary steps and obtain necessary permission from the competent authority and proceed in accordance with law. She also submits that the defendants will file necessary application in the same suit which is pending consideration and would proceed in accordance with law.
7. In view of the aforesaid submission, the impugned order does not warrant any interference and therefore, this writ petition is dismissed. However, liberty is reserved to the petitioners to approach the competent authority or the Court to obtain permission for demolition or reconstruction of the temple. If the petitioners obtain the required permission, the Principal District and Sessions Court shall dispose off any application filed by the petitioners expeditiously and in accordance with law.
Sd/-
(R. NATARAJ) JUDGE HJ/List No.: 1 Sl No.: 28