Sri.Anand S/O Madhavacharya Gudi vs Sri.Gadag Veeranarayana Dev
2023 Latest Caselaw 2142 Kant

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                                                              WP No. 107325 of 2019




                                   IN THE HIGH COURT OF KARNATAKA, DHARWAD
                                                     BENCH

                                     DATED THIS THE 10TH DAY OF APRIL, 2023

                                                    BEFORE
                                   THE HON'BLE MR JUSTICE B.M.SHYAM PRASAD
                                   WRIT PETITION NO. 107325 OF 2019 (GM-CPC)

                              BETWEEN:

                              1.   SRI. ANAND S/O MADHAVACHARYA GUDI
                                   AGE: 75 YEARS, OCC: PRIVATE SERVICE,
                                   R/O: GADAG, NOW AT SHIMOGA
                                   C/O C R GOPALKRISHNA D NO.C-1
                                   HPTVV STATION, BIDYANAGAR B H ROAD
                                   SHIVAMOGGA.

                              2.. SRI. RAMESH S/O MADHAVACHARYA GUDI
                                  AGE: 62 YEARS, OCC: BUSINESS,
                                  R/O: GADAG, AGRAHAR
           Digitally signed
           by
                                  VEERANARAYANA TEMPLE,
           MOHANKUMAR
           B SHELAR               GADAG-581107
MOHANKUMAR Location: High
B SHELAR   Court of
           Karnataka,
           Dharwad
           Date:
           2023.04.12
                              3.   SRI.KRISHNA S/O MADHAVACHARYA GUDI
           11:18:40 +0530
                                   AGE: 61 YEARS, OCC: BUSINESS,
                                   R/O GADAG AGRAHAR-581107
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                                 WP No. 107325 of 2019




4.   SRI.BADRINARAYAN @ VENKATESH
     S/O MADHAVACHARYA GUDI
     SINCE DECEASED BY HIS LRS,

     4A.   SMT.VARIJA W/O BADRINARAYAN @
           VENKATESH, S/O MADHAVACHARYA
           GUDI, AGE: 45 YEARS, OCC: HOUSEHOLD
           WORK,    R/O: RAM NIVAS,
           VEERANARAYANA TEMPLE, GADAG.



                                       ...PETITIONERS

(BY SRI. SUNIL S DESAI, ADVOCATE)

AND:

     SRI. GADAG VEERANARAYANA DEV
     SHRI TRIKUTESHWAR DEV
     SRI.PRASANNA VENKATARAMANA DEV,
     SHRI UDACHAMMA DEVI AND
     SHRI JAMMA MASJID MANAGEMENT
     COMMITTEE,
     A REGISTERED TRUST BY ITS SO CALLED
     CHAIRMAN SHRI S.R. SAVAKAR,
     AGE: MAJOR, OCC: BUSINESS OF GADAG.



                                       ...RESPONDENT


    THIS WP IS FILED PRAYING TO,SET ASIDE THE
ORDER MADE ON I.A.NO.5 AND 6 DATED 11.01.2019
PASSED BY THE TRIAL COURT IN R.A.NO.31/2016 AS PER
ANNEXUR AND TO REJECT THE SAME WITH EXEMPLARY
COSTS, ETC.,
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                                               WP No. 107325 of 2019




     THIS PETITION, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:



                                 ORDER

This petition is by the plaintiffs in O.S.No.14/1997 on

the file of the I Additional Civil Judge and JMFC I, Gadag,

and the petitioners have impugned the order dated

11.01.2019 in R.A.No.31/2016 on the file of the Additional

Senior Civil Judge, Gadag, which is filed against the

Judgment and decree in O.S.No.14/1997. The other two

suits in O.S.No.361/1997 and O.S.No.36/2002 are clubbed

with the suit in O.S.No.14/1997. The petitioners, with the

decree of their suit in O.S.No.14/1997, are granted

permanent injunction restraining the respondent concerned

from interfering with their rights to officiate as

administrators and to perform religious duties. The appellate

Court by the impugned order has stayed the operation of the

aforesaid decree, and the appellate court's impugned order

has been in force for almost three years.

WP No. 107325 of 2019

Sri. Sunil S. Desai, the learned counsel for the

petitioners, after arguing for some time on the merits

emphasizes that the petitioner's present grievance is

because the respondents are taking advantage of the

impugned order in collecting huge funds without rendering

accounts when queried, Sri. Sunil S. Desai submits that the

petition could be disposed of directing the appellate Court to

decide the appeal/s on merits within a time line and

reserving liberty to the petitioners to seek appropriate

remedy in the light of their aforesaid grievance.

On a careful consideration of the material on

record, including assertion that the petitioners had the

advantage of injunction granted by this Court and confirmed

by the Hon'ble Supreme Court, the petition stands disposed

of calling upon the appellate Court to decide on the merits of

the appeal/s expeditiously directing the parties to cooperate

with the appellate Court in such expeditious disposal. The

appellate Court shall endeavour dispose of this appeal/s

within an outer limit of six months unless an enquiry is

WP No. 107325 of 2019

insisted upon by the petitioners on the ground that the

respondents have to render accounts.

Sd/-

JUDGE

SVH