Karnataka High Court
Dyanadev Ningappa Dabali vs Fakiraswami Samsthan Math on 4 July, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:9206
MFA No. 25693 of 2011
C/W CRP No. 1009 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
MISCELLANEOUS FIRST APPEAL NO.25693 OF 2011(CPC)
C/W
CIVIL REVISION PETITION NO.1009 OF 2012
IN MFA.NO.25693/2011:
BETWEEN:
1. SRI DYANADEV NINGAPPA DABALI,
AGED ABOUT 79 YEARS, OCC: AGRICULTURE,
R/O: SHIRAHATTI, TQ: SHIRAHATTI,
DIST: GADAG.
2. SRI MAHESHWARA GOUDA RAMANA
GOUDA POLICE PATIL,
AGED ABOUT 61 YEARS, OCC: AGRICULTURE,
R/O: PLOT NO. 1/B, APMC YARD, GADAG.
3. SRI THMMANNA GOUDA GOVINDA GOUDA PATIL,
AGED ABOUT 72 YEARS, OCC: AGRICULTURE,
R/O: VISHVESWARA NAGAR, GADAG.
Digitally
signed by V N
BADIGER
4. SRI SHEKARAPPA CHANNABASAPPA KANAVI,
Location: High AGED ABOUT 61 YEARS, OCC: AGRICULTURE,
Court of
Karnataka R/O: KOLIWADA, HUBLI TALUKA,
DIST: DHARWAD.
5. SRI SHANKARA GOUDA NINGANA GOUDA PATIL,
AGED ABOUT 68 YEARS,
OCC: AGRICULTURIST AND EX.M.L.A.,
R/O: PUTAGAON BADANI, SHIRAHATTI TALUK,
DIST: GADAG.
6. SIDDRAMAPPA NINGAPPA GANJI,
AGED ABOUT 87 YEARS, OCC: AGRICULTURIST,
R/O: LAKSHMESHWAR, SHIRAHATTI TALUK,
DIST: GADAG.
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7. SRI BASAVARAJ SHIVAPPA NARENDRA,
AGED ABOUT 41 YEARS, OCC: AGRICULTURE,
R/O: KATNOOR, TQ: HUBLI, DIST: DHARWAD.
8. SRI CHANNAVEERAPPA S/O. VEERAPPA SANKADAL,
AGED ABOUT 66 YEARS, OCC: AGRICULTURE,
R/O: SHIRAHATTI, DIST: GADAG. .
9. SRI PANCHAPPA MAHANTAPPA KORI,
AGED ABOUT 41 YEARS,
OCC: AGRICULTURE AND BUSINESS,
R/O: SAUNSHI, TQ: KUNDAGOL,
DIST: DHARWAD.
10. SRI PRAKASH GOUDA VIRUPAKSHA GOUDA PATIL,
AGED ABOUT 32 YEARS, OCC: AGRICULTURE,
R/O: SAUNSHI, TQ: KUNDAGOL,
DIST: DHARWAD.
11. SRI SHEKARAPPA FAKIRAPPA DETIN,
AGED ABOUT 68 YEARS, OCC: AGRICULTURE,
R/O: SAVANUR, DIST: DHARWAD.
12. SRI VEERAPPA KALLAPPA YALAVATTI
AGED ABOUT: 68 YEARS, OCC: AGRICULTURE,
R/O: KOLIWADA, HUBLI TALUKA,
DIST: DHARWAD.
13. SRI HUCHAPPA ADIVAPPA GADAD,
AGED ABOUT 63 YEARS,
OCC: AGRICULTURE,
R/O: HANDRAL TQ&DIST: KOPPAL.
14. SRI SHANKARAPPA KARISIDDAPPA DEVARAMANI,
AGED ABOUT 61 YEARS,
OCC: AGRICULTURE,
R/O: HANDRAL, TQ&DIST: KOPPAL.
15. SRI SHEKARAPPA ANDANAIAH HOSMAT,
AGED ABOUT 53 YEARS, OCC: AGRICULTURE,
R/O: KURTAKOTI, TQ AND DIST: GADAG.
16. SRI GURUBASANNA GOUDAR,
AGED ABOUT 67 YEARS, R/O: YALAVATTI,
TQ: SHIRAHATTI, DIST: GADAG.
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17. SRI BEEMANA GOUDA NAINGANA GOUDA PATIL,
AGED ABOUT 59 YEARS, OCC: AGRICULTURE,
R/O: RANATHUR, SHIRAHATTI, DIST: GADAG.
...APPELLANTS
(BY SRI MRUTYUNJAYA TATA BANGI, ADVOCATE)
AND:
1. SRI FAKIRASWAMI SAMSTHAN MATH,
BY ITS PEETADIPATHI SRI. JAGADGURU
FAKIR SIDDARAM MAHASWAMIGALU GURU
CHANNAVEER SWAMIGALU,AGED ABOUT 60 YEARS,
OCC: DHARMOPADESH, R/O: SHIRAHATTI,
DIST: GADAG.
2. SRI FAKIRAPPA TOTAPPA GADDI,
SINCE DECEASED BY HIS LRS
2A. SMT. NEELAVVA W/O. FAKIRAPA GADDI,
AGED ABOUT 72 YEARS, OCC: HOSE HOLD,
R/AT: ASHIRWAD BUILDING,
MULAGUND ROAD, DIST: GADAG.
2B. SMT. PARVATI @ PARAVVA
W/O. MALLIKARJUNGOUDA PATIL,
AGED ABOUT 51 YEARS, OCC: HOUSE HOLD,
C/O: DR. M.V.PATIL, CHILD SPECIALIST,
OPP. TAHASILDAR OFFICE, KEB ROAD,
VIKAS NAGAR, KOPPAL..
3. BASAVARAJ FAKKIRAPPA GADDI
SINCE DECEASED BY HIS LRS.
3A. SMT. JAYASHREE W/O. BASAVARAJ GADDI,
AGED ABOUT 50 YEARS, OCC: HOUSE HOLD.
R/AT KESHAV NAGAR, HUBBALLI ROAD, GADAG.
3B. SRI ABHISHEK S/O. BASAVARAJ GADDI,
AGED ABOUT 24 YEARS, OCC: BUSINESS.
R/AT KESHAV NAGAR, HUBBALLI ROAD, GADAG.
3C. MISS YASHODA D/O. BASAVARAJ GADDI,
AGED ABOUT 20 YEARS, OCC: STUDENT.
R/AT KESHAV NAGAR, HUBBALLI ROAD, GADAG.
4. SRI SOMESHWAR FAKKIRAPPA GADDI,
AGED ABOUT 47 YEARS, OCC: BUSINESS,
R/AT: GADAG.
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5. SRI NAGARAJ FAKKIRAPPA GADDI,
AGED ABOUT 45 YEARS, OCC: BUSINESS,
R/AT: GADAG.
6. SRI VIJAYAKUMAR @ VIRUPAXAPPA
S/O. FAKKIRAPPA GADDI,
AGED ABOUT 43 YEARS, OCC: BUSINESS,
R/AT: GADAG.
7. SRI GANGADHARAPPA FAKKIRAPPA GADDI,
AGED ABOUT 39 YEARS, OCC: BUSINESS,
R/AT: GADAG.
8. SMT. KANCHANAMALA
W/O. JAYADEVAYYA BALEHALLIMATH,
AGE: 66 YEARS, OCC: HOUSEHOLD WORK,
R/AT: GADAG.
9. SRI VIJAYARUDRAYYA JAYADEVAYYA BALEHALLIMATH,
AGED ABOUT 50 YEARS, OCC: BUSINESS,
R/O. K.C. RANI ROAD, GADAG.
10. SRI SHIVAPRAKASH JAYADEVAYYA BELEHALLIMATH,
AGED ABOUT 47 YEARS, OCC: BUSINESS,
R/O. K.C. RANI ROAD, GADAG.
11. SRI CHANNAVEERASWAMI JAYADEVAYYA
BALEHALLIMATH,
AGED ABOUT 45 YEARS, OCC: BUSINESS,
R/O. K.C. RANI ROAD, GADAG.
12. SRI LINGARAJ JAYADEVAYYA BALEHALLIMATH,
AGED ABOUT 36 YEARS, OCC: BUSINESS,
R/O. K.C. RANI ROAD, GADAG.
13. SMT. PARWATI W/O. PRADEEP SULLADMATH,
AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK,
R/O: C/O: S.V. SULLADMATH, NO.2, KSRTC,
LAYOUT, CHIKKAHALASANDRA, UTTARAHALLI
HORNHALLI, SUBRAMANYA NAGAR,
BANGALORE.
14. SMT. SHANTA W/O. FAKIRAYYA HIREMATH,
AGED ABOUT 38 YEARS, OCC: HOUSEHOLD WORK,
R/O: MUNDARAGI, C/O. F.C. HIREMATH,
DEPOT MANAGER, KSRTC DEPOT, SIRSI,
UTTARA KANNADA DISTRICT.
15. SMT. ARUNABAI W/O. VIJAY MAHENDRAKAR,
AGED ABOUT 56 YEARS, OCC: HOUSEHOLD WORK,
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R/O: NAM JOSHI ROAD, GADAG.
16. SRI RAJALAXMI D/O. VIJAY MAHENDRAKAR,
AGED ABOUT 31 YEARS, OCC: HOUSEHOLD WORK,
R/O: NAM JOSHI ROAD, GADAG.
17. SRI RAJANIKANT S/O. VIJAY MAHENDRAKAR,
AGED ABOUT 29 YEARS, OCC: BUSINESS,
R/O: NAM JOSHI ROAD, GADAG.
18. SMT. SULOCHANA D/O. VIJAY MAHENDRAKAR,
AGED ABOUT 24 YEARS, OCC: HOUSEHOLD,
R/O: NAM JOSHI ROAD, GADAG.
19. SMT. LEELAVATI W/O. RAJAGOPAL MAHENDRAKAR,
AGED ABOUT: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O: NAM JOSHI ROAD, GADAG.
20. SMT. REENA D/O. RAJAGOPAL MAHENDRAKAR,
AGED ABOUT 56 YEARS, OCC: HOUSEHOLD WORK,
R/O: NAM JOSHI ROAD, GADAG.
21. SRI PRAKASH S/O. RAJGOPAL MAHENDRAKAR,
AGED ABOUT: 22 YEARS, OCC: BUSINESS,
R/O: NAM JOSHI ROAD, GADAG.
22. SRI SANDEEP S/O. RAJAGOPAL MAHENDRAKAR,
AGED ABOUT: 20 YEARS, OCC: BUSINESS,
R/O: NAM JOSHI ROAD, GADAG.
23. SRI NARAYANASA S/O. FAKIRSA KATIGAR,
AGED ABOUT: 20 YEARS, OCC: BUSINESS,
R/O: DASAR ONI, BEHIND VITHOBA TEMPLE,
GADAG.
24. SMT. GEETABAI W/O. BHOJARAJSA KATIGAR,
AGED ABOUT: 37 YEARS, OCC: HOUSEHOLD,
R/O: DASAR ONI, BEHIND VITHOBA TEMPLE,
GADAG.
25. SRI VENKATESH S/O. FAKIRSA KATIGAR,
AGED ABOUT: 37 YEARS, OCC: BUSINESS,
R/O: DASAR ONI, BEHIND VITHOBA TEMPLE,
GADAG.
26. SRI MANJUNATH S/O. FAKIRSA KATIGAR,
AGED ABOUT: 39 YEARS, OCC: BUSINESS,
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R/O: DASAR ONI, BEHIND VITHOBA TEMPLE,
GADAG.
27. SRI ALLABHAKSH S/O. AMINSAB DANDIN,
AGED ABOUT: 67 YEARS, OCC: TYRE REPAIRER,
R/O: KAGADAGERI ONI, GADAG.
28. SRI MAHAMAD UNUS S/O. IMAMUDDINSAB DAMBAL,
AGED ABOUT: 57 YEARS, OCC: BUSINESS,
R/AT: NEAR DAVANGERI COTTON MILL, GADAG.
29. SRI MAHAMADSAB @ MAHAMED SHAH,
S/O: IMAMUDDINSAB DAMBAL,
AGE: 57 YEARS, OCC: BUSINESS,
R/O: NEAR DAVANGERI COTTON MILL, GADAG.
30. SRI SIKANDAR S/O. IMAMUDDINSAB DAMBAL,
AGED ABOUT: 52 YEARS, OCC: BUSINESS,
R/O: JAVALA GALLI, GADAG.
31. SMT. NIRMALABALI W/O. PANNALAL HABIB,
AGED ABOUT: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O: SIDRAMANAGAR, DAMBAL NAKA, GADAG.
32. SRI ANDANAPPA S/O. SIDDALINGAPPA MANVI,
SINCE DECEASED BY HIS LRS
32A. SMT. MANGALADEVI W/O. ANDANAPPA MANVI,
AGED ABOUT 74 YEARS, OCC: HOUSEHOLD WORK,
R/O: MANVI BUILDING, NEAR OLD D.C.OFFICE,
GADAG.
32B. SMT. VIJAYALAXMI W/O. K.R. KOTAWALI,
AGED ABOUT: 58 YEARS, OCC: HOUSEHOLD WORK,
R/AT: CHICAGO (USA), NOW AT MANVI BUILDING,
NEAR OLD D.C. OFFICE, GADAG.
32C. SRI SIDDALINGAPPA @ KUMAR
S/O. ANDANAPPA MANVI, AGED ABOUT: 56 YEARS,
OCC: BUSINESS, R/O: MANVI BUILDING,
NEAR OLD D.C. OFFICE, GADAG.
32D. SRI SHADAXARAPPA @ RAJESH S/O. ANDANAPPA MANVI,
SINCE DECEASED BY HIS LRS.
32(D1) SMT. RAJASHREE W/O. SHADAZARAPPA MANVI,
AGED ABOUT: 37 YEARS, OCC: HOUSEHOLD WORK,
C/O: MANVI BUILDING, NEAR OLD D.C. OFFICE,
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C/W CRP No. 1009 of 2012
GADAG.
32(D2) ADISH S/O. SHADAXARAPPA MANVI,
AGED ABOUT: 12 YEARS, OCC: STUDENT,
MINOR GUARDIAN SMT. RAJASHREE W/O.
SHADRAZARAPPA MANAVI, AGED ABOUT 37 YEARS,
OCC: HOUSEHOLD WORK, C/O: MANVI BUILDING,
NEAR OLD D.C. OFFIC GADAG.
32(D3) EASHEN S/O. SHADAXARAPPA MANVI,
AGED ABOUT 14 YEARS, OCC: STUDENT,
MINOR GUARDIAN SMT. RAJASHREE W/O.
SHADRAZARAPPA MANVI, AGED ABOUT: 37 YEARS,
OCC: HOUSEHOLD WORK, C/O: MANVI BUILDING,
NEAR OLD D.C. OFFIC, GADAG.
33. HINDUSTRA PETROLEUM CORPORATION LTD.,
REGIONAL OFFICE, BELGAUM,
REPTED. BY ITS SENIOR REGIONAL MANAGER.
34. INDIAN OIL CORPORATION LTD.,
DIVISIONAL OFFICE, TILAKAWADI, BELAGAVI,
BY ITS SENIOR DIVISIONAL RETAIL MANGER,
...RESPONDENTS
[BY SRI C. S. SHETTAR, ADVOCATE FOR R1;
SRI V.M.SHEELVANT, ADVOCATE FOR R4 & R6;
SRI MALLIKARJUN C. BASAREDDY,
ADVOCATE FOR R8 TO R11 & R33;
SRI RAVI S. BALIKAI, ADVOCATE FOR R15 - R22;
SRI N.D.GUNDE, ADVOCATE FOR R23 - R26;
SRI B. SHARANABASAVA, ADVOCATE FOR R31;
SRI C.V.ANGADI, ADVOCATE FOR R34;
R2 & R3 - ARE DECEASED PROP. R2(A) IS SERVED PROP;
R2(B) IS SERVED; PROP R3(A) IS SERVED;
R3(B) POSTAL SHARA AS "DIFFERENCE IN NAME
RETURNED TO SENDER"; NOTICE TO R3(C) IS SERVED;
NOTICE TO R5, R7, R12, R14, R27, R30, R32(A), (B), (C),
R32(D)(1) ARE SERVED; R13 IS HELD SUFFICIENT;
V/O/D 13-8-14 BRINGIN LR'S OF DECEASED R28 IS EXMPTED;
R29 IS HELD SUFFICIENT;
R32(D2) & R32(D3) ARE MINOR R/BY R32(D1)]
THIS MISCELLANEOUS FIRST APPEAL IS FILED PRAYING TO
SET ASIDE THE JUDGMENT DATED 22.09.2011 PASSED BY THE
DISTRICT & SESSIONS JUDGE, GADAG IN O.S.NO.1/2008 IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
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MFA No. 25693 of 2011
C/W CRP No. 1009 of 2012
IN CRP. NO.1009/2012:
BETWEEN:
SHRI FAKIRASWAMI SAMSTHAN MATH,
BY ITS PEETHADHIPATI SHRI JAGADGURU
FAKIR SIDRAM MAHASWAMIGALU, GURU
CHANNAVEERSWAMIGALU, AGE: 63 YEARS,
OCC: DHARMOPADESH,
R/O. SHIRAHTTI - 582 120, DIST: GADAG.
...PETITIONER
(BY SRI G K HIREGOUDAR & C S SHETTAR.,ADVOCATE)
AND:
1. SHRI DYANADEV NINGAPPA DABALI,
AGE: 79 YEARS, OCC: AGRICULTURE,
R/O: SHIRAHATTI - 582 120, DIST: GADAG.
HARATAYYA @ BASAYYA BASAVADEYAR
DEAD
2. SHRI MAHESHWARGOUDA
RAMANGOUDA POLICEPATIL, AGE: 61 YEARS,
OCC: AGRICULTURE, R/O: PLOT NO. 1/B,
APMC YARD, GADAG - 582 101.
DR. MOTILAL BURABURE (DEAD).
3. SHRI TAMMANAGOUDA GOVINDAGOUDA PATIL,
AGE: 72 YEARS, OCC: AGRICULTURE,
R/O: VEERESHWAR NAGAR, GADAG - 582 101.
4. SHRI SHEKHARAPPA CHANNABASAPPA KANAVI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KOLIWAD - 580 023, TALUKA: HUBLI,
DIST: DHARWAD.
5. SHRI SHANKARGOUDA NINGANGOUDA PATIL,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: PUTAGAON BADNI,
TALUKA: SHIRAHATTI,
DIST: GADAG.
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6. SHRI SIDRAMAPPA NINGAPPA GANJI,
AGE: 87 YEARS, OCC: AGRICULTURE,
R/O: LAXMESHWAR - 582 116, DIST: GADAG.
7. SHRI BASAVARAJ SHIVAPPA NARENDRA,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O: KATNOOR -580 024, TALUKA: HUBLI,
DIST: DHARWAD.
8. SHRI CHANNAVEERAPPA S/O. VEERAPPA SANKADAL,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: SHIRAHATTI - 582 120, DIST: GADAG.
9. SHRI PANCHAPPA MAHANTAPPA KORI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O: SAUNSHI - 581 117, TQ: KUNDAGOL,
DIST: DHARWAD.
10. SHRI PRAKASHGOUDA VIRUPAXAGOUDA PATIL,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: SAUNSHI - 581 117,
TQ: KUNDAGOL, DIST: DHARWAD.
11. SHRI SHEKHAPPA FAKKIRAPPA DETIN,
AGE: 68 YEARS, OCC: BUSINESS,
R/O: SAVANUR - 581 118, DIST: HAVERI.
12. SHRI VEERAPPA KALLAPPA YALAVATTI,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: KOLIWAD - 580 023, TQ: HUBLI,
DIST: DHARWAD.
13. SHRI HUCHCHAPPA ADIVEPPA GADAD,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: HANDRAL - 583 238,
TALUK & DIST: KOPPAL.
14. SHRI SHANKARAPPA KARISIDDAPPA DEVARMANI,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: HANDRAL - 583 238,
TALUKA AND DIST: KOPPAL.
15. SHRI SHEKHARAYYA
ANDANAYYA HOSAMATH,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: KURTKOTI - 582 205,
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TALUK AND DIST: GADAG.
16. SHRI SHEKHARAGOUDA VEERANAGOUDA
PATIL @ GURUBA SANAGOUDAR,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O: YELAVATTI - 582 103,
TQ: SHIRAHATTI, DIST: GADAG.
17. SHRI BHEEMANAGOUDA
NINGANAPUGOUDA PATIL,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: RANATUR - 582 103,
TALUKA: SHIRAHATTI, DIST: GADAG.
18. SHRI FAKIRAPPA TOTAPPA GADDI,
SINCE DECEASED BY HIS LRS
18A. SMT. NEELAWWA W/O. FAKKIRAPPA GADDI,
AGE: 75 YEARS, OCC: HOUSEHOLD,
R/O: "ASHIRWAD" BUILDING
MULAGUND ROAD, GADAG - 582 101.
18B. SMT. PARVATI @ PARAWWA
W/O. MALLIKARJUNGOUDA PATIL,
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O C/O DR. M.V.PATIL,
OPP: TAHASILDAR OFFICE, KEB ROAD,
VIKAS NAGAR, KOPPAL - 583 231.
19. BASAVARAJ FAKKIRAPPA GADDI
SINCE DECEASED BY HIS LRS.,
19A. SMT. JAYASHREE W/O. BASAVARAJ GADDI,
AGE: 52 YEARS, OCC: HOUSEHOLD
R/O: KESHAV NAGAR, HUBBALLI ROAD,
GADAG-582101.
19B. SHRI ABHISHEK BASAVARAJ GADDI,
AGE: 24 YEARS, OCC: STUDENT,
R/O:KESHAV NAGAR, HUBBALLI ROAD,
GADAG - 582 101.
19C. KUMARI YASHODA
D/O. BASAVARAJ GADDI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: KESHAV NAGAR, HUBBALLI ROAD,
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GADAG-582101.
20. SHRI SOMESHWAR FAKKIRAPPA GADDI,
AGE: 50 YEARS,
OCC: MEDICAL PRACTITIONER,
R/O: MULAGUND ROAD,
GADAG - 582 101.
21. SHRI NAGARAJ FAKKIRAPPA GADDI,
AGE: 48 YEARS, OCC:BUSINESS,
R/O: MULAGUND ROAD, GADAG - 582 101.
22. SHRI VIJAYKUMAR @ VIRUPAXAPPA
S/O. FAKKIRAPPA GADDI,
AGE: 46 YEARS, OCC:BUSINESS,
R/O: NEAR K.H. PATIL, STADIUM EXTENSION,
GADAG - 582 101.
23. SHRI GANGADHARAPPA FAKKIRAPPA GADDI,
AGE: 42 YEARS, OCC:BUSINESS,
R/O: MULAGUND ROAD, GADAG - 582 101.
24. SMT. KANCHANAMALA
W/O. JAYADEVAYYA BALEHALLIMATH,
AGE: 69 YEARS, OCC: HOUSEHOLD,
R/O: K.C. RANI ROAD, GADAG - 582 101.
25. SHRI VIJAYARUDRAYYA J
AYADEVAYYA BALEHALLIMATH,
AGE: 53 YEARS, OCC: BUSINESS,
R/O. K.C. RANI ROAD,
GADAG - 582 101.
26. SHRI SHIVAPRAKASH
JAYADEVAYYA BALECHALLIMATH,
AGE: 50 YEARS, OCC: BUSINESS,
R/O. K.C. RANI ROAD, GADAG - 582 101.
27. SHRI CHANNAVEERASWAMI JAYADEVAYYA
BALEHALLIMATH,AGE: 48 YEARS,
OCC: BUSINESS, R/O. K.C. RANI ROAD,
GADAG - 582 101.
28. SHRI LINGARAJ
JAYADEVAYYA BALECHALLIMATH,
AGE: 39 YEARS, OCC: BUSINESS,
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R/O. K.C. RANI ROAD, GADAG - 582 101.
29. SMT. PARWATI W/O. PRADEEP SULLADMATH,
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O: BANGALORE, C/O. S.V. SULLADMATH,
NO. 2 KSRTC LAYOUT CHIKKAHALSANDRA
UTTARALLI HORNHALLI,
SUBRAMANNYA NAGAR,
BANGALORE - 560 010.
30. SMT. SHANTA W/O. FAKIRAYYA HIREMATH,
AGE: 41 YEARS, OCC: HOUSEHOLD,
R/O: MUNDARAGI, C/O: F.C. HIREMATH,
DEPOT MANAGER, KSRTC DEPOT,
SIRSI - 581 401,
DIST: KARWAR (UTTAR KANNADA).
31. SMT. ARUNABAI W/O. VIJAY MAHENDRAKAR,
AGE: 59 YEARS, OCC: HOUSEHOLD,
R/O: NAMJOSHI ROAD, GADAG - 582 101.
32. SMT. RAJALAXMI D/O. VIJAY MAHENDRAKAR,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O: NAMJOSHI ROAD, GADAG - 582 101.
33. SHRI RAJANIKANT S/O. VIJAY MAHENDRAKAR,
AGE: 32 YEARS, OCC: BUSINESS,
R/O: NAMJOSHI ROAD, GADAG - 582 101.
34. SMT. SULAKSHANA D/O. VIJAY MAHENDRAKAR,
AGE: 27 YEARS, OCC: HOUSEHOLD,
R/O: NAMJOSHI ROAD, GADAG - 582 101.
35. SMT. LEELAVATI W/O. RAJGOPAL MAHENDRAKAR,
AGE: 53 YEARS, OCC: HOUSEHOLD,
R/O: NAMJOSHI ROAD, GADAG - 582 101.
36. SMT. REENA D/O. RAJGOPAL MAHENDRAKAR,
AGE: 28 YEARS, OCC: HOUSEHOLD,
R/O: NAMJOSHI ROAD, GADAG - 582 101.
37. SHRI PRAKASH S/O. RAJGOPAL MAHENDRAKAR,
AGE: 25 YEARS, OCC: BUSINESS,
R/O: NAMJOSHI ROAD, GADAG - 582 101.
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NC: 2024:KHC-D:9206
MFA No. 25693 of 2011
C/W CRP No. 1009 of 2012
38. SHRI SANDEEP S/O. RAJGOPAL MAHENDRAKAR,
AGE: 23 YEARS, OCC: BUSINESS,
R/O. NAMJOSHI ROAD, GADAG - 582 101.
39. SHRI NARAYANASA S/O. FAKIRSA KATIGAR,
AGE: 32 YEARS, OCC: BUSINESS,
R/O: DASAR ONI, BEHIND VITHOBA TEMPLE,
GADAG - 582 101.
40. SMT. GEETABAI W/O. BHOJARAJSA KATIGAR,
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O: DASAR ONI, BEHIND VITHOBA
TEMPLE GADAG - 582 101.
41. SHRI VENKATESH S/O. FAKIRSA KATIGAR,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: DASAR ONI, BEHIND VITHOBA
TEMPLE, GADAG - 582 101.
42. SHRI MANJUNATHA S/O. FAKIRSA KATIGAR,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: DASAR ONI, BEHIND VITHOBA
TEMPLE GADAG - 582 101.
43. SHRI ALLABAKSH S/O. AMINSAB DANDIN,
AGE: 70 YEARS, OCC: BUSINESS,
R/O: KAGADGERI ONI, GADAG - 582 101.
44. SHRI MAHAMMED UNUS
S/O. IMAMUDDINSAB DAMBAL,
AGE: 60 YEARS, OCC: BUSINESS,
R/O: JAVAL GALLI, GADAG - 582 101.
45. SHRI MAHAMMEDSAB @ MAHAMMED SHAH
S/O. IMAMUDDINSAB DAMBAL,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: NEAR DAVANAGERI COTTON MILL,
GADAG - 582 101.
46. SHRI SIKANDAR
S/O. IMAMUDDINSAB DAMBAL,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: JAVALA GALLI, GADAG - 582 101.
47. SMT. NIRMALABAI W/O. PANNALAL HABIB,
AGE: 59 YEARS, OCC: HOUSEHOLD,
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NC: 2024:KHC-D:9206
MFA No. 25693 of 2011
C/W CRP No. 1009 of 2012
R/O: SIDRAMANAGAR DAMBAL NAKA,
GADAG - 582 101.
SHRI ANDANAPPA
S/O. SIDDALINGAPPA MANVI,
SINCE DECEASED BY HIS LRS.Q
48. SMT. MANGALADEVI
W/O. ANDANAPPA MANVI,
AGE: 77 YEARS, OCC: HOUSEHOLD,
R/O: MANVI BUILDING NEAR OLD
D.C. OFFICE, GADAG - 582 101.
49. SMT. VIJAYALAXMI W/O. K.R. KOTAWALI,
AGE: 61 YEARS, OCC: HOUSEHOLD,
R/O. CHIKAGO(USA), NOW AT MANIV BUILDING
NEAR OLD D.C.OFFICE, GADAG - 582 101.
50. SHRI SIDDALINGAPPA @ KUMAR
S/O. ANDANAPPA MANVI,
AGE: 59 YEARS, OCC: BUSINESS,
R/O: MANVI BUILDING NEAR OLD,
D.C.OFFICE, GADAG - 582 101.
SHRI SHADAXARAPPA @ RAJESH
S/O. ANDANAPPA MANVI,
SINCE DECEASED BY HIS LRS.
51. SMT. RAJASHREE W/O. SHADAXARAPPA MANVI,
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O: MANVI BUNGALOW, NEAR GENERAL
KARIYAPPA CIRCLE, GADAG - 582 101.
52. ADISH S/O. SHADAXARAPPA MANVI,
AGE: 15 YEARS, OCC: STUDENT,
R/O: MANVI BUNGALOW NEAR
GENERAL KARIYAPPA CIRCLE, GADAG - 582 101,
SINCE MINOR, REPRESENTED BY GUARDIAN NATURAL
MOTHER SMT. RAJASHREE
W/O. SHADAXARAPPA MANVI, RESPONDENT NO.51,
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O: MANVI BUNGALOW, NEAR GENERAL
KARIYAPPA CIRCLE, GADAG - 582 101.
53. EASHEN S/O. SHADAXARAPPA MANVI,
AGE: 17 YEARS, OCC: STUDENT,
- 15 -
NC: 2024:KHC-D:9206
MFA No. 25693 of 2011
C/W CRP No. 1009 of 2012
R/O: MANVI BUNGALOW NEAR GENERAL
KARIYAPPA CIRCLE GADAG - 582 101,
SINCE MINOR, REPRESENTED
BY GUARDIAN NATURAL MOTHER
SMT. RAJASHREE W/O. SHADAXARAPPA
MANVIAGE - RESPONDENT NO.51,
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O: MANVI BUNGALOW, NEAR GENERAL
KARIYAPPA CIRCLE, GADAG - 582 101.
54. HINDUSTAN PETROLEUM CORPORATION LTD.,
REGIONAL OFFICE, REPTED. BY ITS SENIOR
REGIONAL MANAGER,
R/O: RANI CHANNAMMA
NAGAR, BELAGAVI - 590 006.
55. INDIAN OIL CORPORATION LTD.,
(FORMER IBP) DIVISIONAL OFFICE,
TILAKWADI, BELAGAVI - 590 006,
REPRESENTED BY SENIOR DIVISIONAL
RETAIL MANAGER.
...RESPONDENTS
[BY SRI V. P. KULKARNI, ADVOCATE FOR R1 - R17;
SRI J.S.SHETTY & AMRUTESHWAR BELLALLI,
ADVOCATE FOR R18 - R23;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R24 TO R30;
SRI RAVI S. BALIKAI, ADVOCAT FOR R31 TO R38;
SRI N.D.GUNDE & SUNIL S.DESAI, ADVOCAT FOR R39 TO R42;
SRI B.SHARANABASAVA, ADVOCATE FOR R47 & R54,
SRI C.V.ANGADI, ADVOCATE FOR R55;
R18 DECEASED NOTICE TO R18 (A & B) ARE SERVED;
R19 DECEASED NOTICE TO R19(A TO C) ARE SERVED;
NOTICE TO R43, R46, R48, R50, R51 ARE SERVED;
R44 IS BRINGING LR'S EXEMPTED;
NOTICE TO R45, R49 ARE HELD SUFFICIENT;
R52 & R53 ARE MINORS REPRESENTED BY R51]
THIS CRP IS FILED UNDER SEC.115 OF CPC., 1908, AGAINST
THE JUDGMENT AND ORDER DTD:22-09-2011 PASSED IN
O.S.NO.01/2008 ON THE FILE OF THE DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE SUIT AS NOT MAINTAINABLE
AND ETC.,
THESE APPEAL & PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 25693 of 2011
C/W CRP No. 1009 of 2012
ORDER
Miscellaneous First Appeal is filed by the plaintiffs
against the order dated 22.09.2011 passed in
O.S.No.1/2008 on the file of District and Sessions Judge,
Gadag, (for short, hereinafter referred to as 'Trial Court').
By the said order, the Trial Court while adverting to the
preliminary issue framed in the suit namely; "whether the
suit is maintainable?" has answered the same in the
negative resulting in dismissal of the suit as not
maintainable.
2. Brief facts of the case are that; the above suit
in O.S.No.1/2008 is filed by the plaintiffs claiming to be
the devotees, disciples, worshipers, donors and heirs of
the donors and followers of Sri. Jagadguru Fakir Swami
Samsthan Math, Shirahatti. It is contended that the
forefathers of the plaintiffs had made large contributions
and had rendered services for development of the Math
and its assets. As such, they are interested in the welfare
of the said Math. A suit was filed by them invoking the
- 17 -
NC: 2024:KHC-D:9206
provisions of Section 92 of the Civil Procedure Code, 1908
(for short, hereinafter referred to as 'CPC'), with an
intention to protecting and preserving the properties and
assets belonging to the Math and to seek vesting of the
same at the hands of the trustees of the Math.
3. It appears that said suit was filed on
26.05.2008 along with an application in I.A.No.1 under
Section 92 of CPC seeking leave/permission to file the said
suit. It appears on the very same day, without issuing
notice to the defendants, the Trial Court passed the
following order;
"1) Satisfied that there are numerous
persons having the same interest in the present
suit. In view of the averments appearing in the
affidavits shown to in support of I.A. No.1,
permission is accorded under Section 92 of CPC in
instituting the present suit by the plaintiffs in a
representative capacity as against the defendants
and others.
2) The suit as a result could be prosecuted
on behalf of and for the benefit of all the persons
so interested.
3) I.A.No.1 stands disposed of. "
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4. Subsequently, written statements were filed by
the defendant Nos.1, 7 and 11. Defendant Nos.17, 23 to
26, 31 and 32 have taken similar stand as taken by
defendant No.7. It is contended in the written statement
that Court has no inherent jurisdiction to try the suit, as
the suit properties are not the properties of public trust or
religious or charitable trust, and they are the private
properties of Math. Under such circumstances, the special
jurisdiction of the Court could not be invoked. Plea of
limitation is also raised, so also the locus standing of the
plaintiffs to question the alienation made by predecessor
defendant No.1. Thus, based on the said contentions
raised, the Trial Court framed preliminary issue as noted
above regarding the maintainability of the suit and
proceeded to answer the same in the negative.
5. Heard. Perused the records.
6. MFA No.25693/2011 is filed by the plaintiffs
seeking to set aside the impugned order, while CRP
No.1009/2012 is filed by defendant No.1. The contention
of the plaintiffs in MFA No.25693/2011 is with regard to
- 19 -
NC: 2024:KHC-D:9206
Trial Court adjudicating upon the notice of Math its
existence and property without giving opportunity to the
parties to lead evidence. The contention of defendant No.1
in CRP No.1009/2012 is non consideration counter claim
made by him in the written statement by the Trial Court.
7. Though elaborate order is passed by the Trial
Court while answering the said preliminary issue in the
negative, what is missed out is that when once a leave to
prosecute the suit under Section 92 of CPC is granted
unless an application is made seeking revocation of the
said leave and is allowed, the suit has to be continued
under Section 92 of CPC. Interestingly, though the Trial
Court at paragraph No.16 of its order takes note of this
position of law, however, proceeds to hold the suit not
being maintainable on its merits. Thus, the order
impugned is not sustainable on two counts. Firstly, there is
no application filed by the defendants seeking modification
or revocation of the order dated 28.05.2008 passed by the
Trial Court granting permission/leave to prosecute the suit
under Section 92 of CPC. Secondly, the Trial Court could
- 20 -
NC: 2024:KHC-D:9206
not have assumed the jurisdiction to decide the merits of
the case with regard to nature of the trust being public or
private in the absence of evidence, particularly when the
suit was still having the character of scheme suit under
Section 92 of CPC. Thus, on these two counts, the order is
not sustainable and there is material irregularity and
illegality committed by the Trial Court.
8. At this juncture, the learned counsel appearing
for the defendants submits that they may be permitted to
file necessary application before the Trial Court seeking
revocation of the leave/permission granted by the Trial
Court to prosecute the suit under Section 92 of CPC,
inasmuch as, the order dated 28.05.2008 was passed on
the very same day when the suit was filed without issuing
any notice to the defendants and they having no
opportunity to oppose the said application.
9. There is substance in the submission made by
the learned counsel for the defendant. Learned counsel for
the plaintiffs also concurs with same and submits that the
- 21 -
NC: 2024:KHC-D:9206
matter be relegated to the Trial Court providing an
opportunity to the defendants to file such application.
10. Submission is taken on record.
11. In view of the aforesaid factual and legal aspect
of the matter and also in view of the submissions made by
the learned counsel for the plaintiff as well as the
defendants the following:
ORDER
i) Miscellaneous First Appeal in MFA
No.25693/2011 is allowed.
ii) The order dated 22.09.2011 passed in
O.S.No.1/2008 on the file of District and
Sessions Judge, Gadag, is hereby set aside
and matter is remanded to the Trial Court.
iii) The respondents/defendants are at
liberty to file application seeking appropriate
orders as noted herein above.
- 22 -
NC: 2024:KHC-D:9206
iv) The Trial Court after affording
sufficient opportunity to the parties to urge all
contentions shall pass appropriate orders
thereon.
12. In view of allowing of the Miscellaneous First
Appeal in MFA No.25693/2011 by remanding the matter
for fresh consideration, the contentions raised in CRP
No.1009/2012 do not survive for consideration. Hence, the
same is disposed off.
13. Since the parties are presented through their
counsel, they shall appear before the Trial Court on
31.07.2024 without further notice.
14. All contentions are kept open.
SD/-
JUDGE
SMM/CT-ASC
