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It was after this that the present suit was brought by the aforesaid plaintiffs in the Court of the District Judge, Bijapur as Civil Suit No. 2 of 1962 under 8. 50(ii) of the Act for the aforesaid reliefs, with the consent in writing of the Charity Commissioner granted under. 8. 51. As earlier, the suit was instituted by appellant no. 2's father as plaintiff no. 2 in the name of idol Shri Gollaleshwar Dev as plaintiff no. 1. Plaintiff no. 2 was impleaded as the present trustee of the temple and plaintiff no. 3 as the grandson of Mariappa, the elder brother of plaintiff no. 2. as a beneficiary. Plaintiffs nos. 2 and 3 joined the suit as persons interested in the trust'. The High Court in the meanwhile had revered the decision in Marikamba's case in Ganapathi Ram Naik & Anr. v. kumta Shri Venkataraman Dev, 1964 1 My-ore L.J. 172. The learned District Judge following the decision in Ganapathi Ram Naik's case held that although a suit for recovery of property belonging to the idol could be brought either by the idol represented by the trustee or the manager, such a suit is not contemplated by s. 50(li) of the Act and was therefore not maintainable. It was observed :

The Full Bench approved of the view expressed by Somnath Iyer and Gopivallabha Iyengar, JJ. in Ganpathi Ram Naik v. Kumt Shri Venkataraman Dev I.L.R. (1963) Mys. 1059, that a suit by a deity for possession being a suit for vindicating its own personal rights was not governed by 8. 50 of the Act but disagreed with it on the construction placed by it upon the words 'person having interest' in s.2(10) and s. 50 of the Act. The Division Bench in Ganapathi Ram's case held that the expression 'person having interest' denotes one whose interest is inferior two that of a trustee or a manager and it is by reason of existence of that inferior or smaller interest that 8. 50 of the Act, like s. 92 of the Code authorises the institution of a suit and regulates it in the manner provided therein. It was of the view that s. 50 of the Act does not govern institution of a suit by a person possessing larger and a higher interest which is not regulated by it, and differed from the view taken by Hegde, J. in Shri Marikaba Temple v. Subraya Venkataramanappa, I.L.R. (1958) Mys. 736, holding that a suit by an idol represented by the trustee was governed by 8. 50 of the Act. me Pull Bench accordingly held that persons who institute suits in their capacity as trustees do 60 not in their representative capacity representing the interests of the public but in their own individual or personal capacity to vindicate their own rights or that of the idol. That is to say, merely because the trustees were persons having interest in the trust, the provisions of s. 50(ii) of the Act would not be attracted to a suit of this kind. Upon this reasoning, the Full Bench observed .