D. Channabasappa S/O Erappa vs Rathnammavva
2022 Latest Caselaw 5118 Kant

                        IN THE HIGH COURT OF KARNATAKA, DHARWAD
                                             BENCH

                         DATED THIS THE 21ST DAY OF MARCH, 2022

                                            BEFORE
                        THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                              M. F. A. NO. 100900 OF 2016 (CPC)

                   BETWEEN:

                   1.    D. CHANNABASAPPA S/O.ERAPPA,
                         AGE: 57 YEARS, OCCUPATION: AGRICULTURE,
                         R/O: KOLAGAL VILLAGE, TQ AND DIST: BALLARI.

                   2.    K.MALLESHAPPA S/O HASAGEERAPPA,
                         AGE: 61 YEARS, OCC: AGRICULTURE,
                         R/O: KOLAGAL VILLAGE, TQ AND DIST: BALLARI.

                   3.    S. HULEPPA S/O ERANNA,
                         AGE: 53 YEARS, OCC.: AGRICULTURE,
                         R/O: KOLAGAL VILLAGE,
                         TQ AND DIST: BALLARI.

                   4.    KADAGA ANJINAPPA S/O DADDA HAMPANNA,
                         AGE: 49 YEARS, OCC.: AGRICULTURE,
                         R/O: KOLAGAL VILLAGE, TQ AND DIST: BALLARI.

                   5.    K.DINESH S/O.BHEEMAPPA,
                         AGE: 43 YEARS, OCC.: AGRICULTURE,
                         R/O: KOLAGAL VILLAGE,
                         TQ AND DIST: BALLARI.
                                                                ...APPELLANTS
J       (BY            SRI S.S.YADRAMI, SENIOR COUNSEL FOR
MAMATHA
                   SRI GIRISH BHAT, ADVOCATE)
Digitally signed
by J MAMATHA
Date: 2022.03.23   AND:
11:48:47 +0530


                   1.    RATHNAMMAVVA W/O.M.YERRISWAMY,
                         AGE: 57 YEARS, OCC.: AGRICULTURE,
                         R/O: KOLAGAL VILLAGE, TQ AND DIST: BALLARI.
                               2



                                     MFA No. 100900 of 2016


2.   MUTTAPPA, AGE: 33 YEARS,
     OCC.: AGRICULTURE,
     R/O: KOLAGAL VILLAGE,
     TQ AND DIST: BALLARI.
                                             ...RESPONDENTS

(BY SRI NANDISH PATIL, ADV. FOR RESP.NOS.1 AND 2)

      THIS M.F.A. IS FILED U/O.43 RULE 1(R) OF CPC.,
AGAINST THE JUDGMENT AND ORDER DATED 03.03.2016
PASSED ON IA.NO.III IN O.S.NO.1/2015 ON THE FILE OF THE
PRINCIPAL DISTRICT JUDGE AT BALLARI, REJECTING THE
I.A.NO.III FILED BY THE PLAINTIFFS U/O. XXXIX RULE 1 AND 2
OF CPC AND IA NO.V BY THE DEFENDANTS U/SEC. 151 OF
C.P.C.
      THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

In this appeal the rejection of an application to

injunct the defendants from putting up or installing any

idol of deceased-Yerrappa by the side of Samadhi of

Paramapoojya Sadguru Yerrithata Swamy is called in

question.

2. It is not in dispute that on 05.04.2016, this Court

granted an interim order staying the installation of the idol

of Yerriswamy on the Samadhi for a period of four weeks

and the said interim order has been in subsistence ever

since. Having regard to the passage of time, in my view, it

MFA No. 100900 of 2016

would be appropriate to direct the maintenance of status

quo as on today and direct the trial Court to dispose of

the suit itself as expeditiously as possible.

3. The appeal is therefore disposed of directing the

status quo as it exists today to be maintained.

4. The Trial Court shall endeavor to dispose of the

suit as expeditiously as possible subject to the co-

operation of the parties, within a period of six months

from the date of receipt of a copy of this Judgment.

SD JUDGE

CKK