Sri Shantheswara Swamy Temple vs D Banumaiah High School
2024 Latest Caselaw 12234 Kant

Citation : 2024 Latest Caselaw 12234 Kant
Judgement Date : 3 June, 2024

Karnataka High Court

Sri Shantheswara Swamy Temple vs D Banumaiah High School on 3 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                   NC: 2024:KHC:18867
                                                 RSA No. 2664 of 2006




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 3RD DAY OF JUNE, 2024

                                        BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR SECOND APPEAL NO. 2664 OF 2006 (INJ)
              BETWEEN:

                    SRI SHANTHESWARA SWAMY TEMPLE
                    SITUATED IN
                    SAYYAJI RAO ROAD,
                    MYSORE BY ITS COMMITTEE OF DHARMADARSHIES
                    (TRUSTEES)

              1.    S.P.SANTHARAJ (DEAD)

              2.    L.N.NAGAKUMAR

              3.    D NIRMAL KUMAR (DEAD)

              4.    K.RAGHUCHANDRA AZARI

              5.    DEVENDRAIAH

              6.    C.B.INDRAKUMAR
Digitally
signed by R
MANJUNATHA    7.    N.B.SHARMA (DEAD)
Location:
HIGH COURT    8.    S P SURENDRANATH
OF
KARNATAKA
              9.    M P L KANTH

              10. B ANANTHAKUMAR

              11. SURYA PANDIT (DEAD)

              12. M.V.VIJAYAKUMAR (DEAD)


                    PRESENT DHARMADARSHI'S
                             -2-
                                    NC: 2024:KHC:18867
                                  RSA No. 2664 of 2006




13. B.J.NIRUP KUMAR
    S/O B.J.JEEVANDERIAH
    AGE 50 YEARS

14. S S PADMARAJ
    S/O S P PADMARAJ
    AGE: 47 YEARS

15. B S RAVIDRANATH
    S/O D BHRAMADEVIAH
    AGE: 62 YEARS

16. S J RAVIKEERTHY
    S/O S JAYAKEERTHI
    AGE: 69 YEARS

17. M V SHRENIK

    R/O NO.28, 1ST STAGE,
    NRUPATHUNGA ROAD
    KUVEMPU NAGAR
    MYSORE - 22

    ALL O/O BEARERS OF
    SRI.SANTHESWARA SWAMY TEMPLE PREMISES
    SAYYAJI RAO ROAD, MYSORE
                                       ...APPELLANTS
(BY SRI VARDHAMAN V GUNJAL, ADVOCATE)

AND:

   D BANUMAIAH HIGH SCHOOL
   SAYYAJI RAO ROAD
   MYSORE
   BY ITS TRUSTEES
                            -3-
                                     NC: 2024:KHC:18867
                                   RSA No. 2664 of 2006




1.   SMT.JAYA BANUMAIAH

2.   T.THIMMAPPA

3.   B.V.CHOWDIA

4.   M.MARUDEVEGOWDA

5.   M.V.BHOJIAH

6.   M.V.CHIKKANNA

7.   V.K.SRINIVASAN

8.   H.KEMPEGOWDA (DEAD)

9.   SANJEEVAIAH

                                        ...RESPONDENTS
(VIDE ORDER DATED 17.03.2010 APPEAL IS ABATED       AS
AGAINST R8;
SRI KALEEMULLA SHARIFF, ADVOCATE FOR PROPOSED R1(D);
VIDE ORDER DATED 03.02.2023 ISSUE NOTICE TO R2 ON
I.A.1/2006 DOES NOT ARISE AND STEPS IN R/O R3 TO R7 AND
R9 DOES NOT ARISE)


     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DT.6.4.2006 PASSED
IN R.A.NO.53/2005 ON THE FILE OF THE PRESIDING OFFICER,
FTC-II, MYSORE, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DT.03.03.1993 PASSED IN
O.S.NO.417/1976 ON THE FILE OF THE PRINCIPAL I MUNSIFF,
MYSORE.

    THIS RSA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                         -4-
                                                         NC: 2024:KHC:18867
                                                       RSA No. 2664 of 2006




                                 JUDGMENT

When the matter is taken up for consideration, a memo

came to be filed by the learned counsel for the revision

petitioner. Memo reads as under:

MEMO FOR WITHDRAWAL OF APPEAL

"THE APPELLANTS SUBMIT BRFORE THIS HOB'BLE COURT AS UNDER:

The Appellants had O S No. 417/1976 for permanent injunction before the Court of Principal Munsiff Judge at Mysore which was dismissed on 03.03.1993

2. The Appellants had filed RA No.53 of 2005 before the District Judge, Mysore which was referred to Presiding Officer, Fast Track Court II, Mysore who by his Judgment and Decree dismissed the Appeal on 06 April 2006, confirming the Judgment and Decree and above Appeal against the said Judgment and Decree, the Appellants preferred Regular Second Appeal No.2664/2006, which Is pending.

3. The Appellants and Respondents have resolved the issue, keeping the impugned Judgment and Decree in mind, the Appellant/ Plaintiff approached the Respondents Defendant with a representation vide ANNEXURE A that they are extending the Prangana of the Basadi upto 8 feet and also redesign the MUKHYA DWARA in a time honored (Paramparika) and parties shall maintain status quo mutually, the respondents acceded to the said suggestion.

NC: 2024:KHC:18867

The Respondents have passed a resolution dated 11-03- 2024 ANNEXURE B that the Respondents have no objection for the Appellant to carry out the work of Appellants to extend the Prangana by 8 feet, subject to withdrawal of the RSA No.2664/2006.

4. In view of the above the e Appellants pray that the above Appeal be dismissed confirming the Order passed by the Court of Principal Munsiff Judge at Mysore in O S No.417/1976 dated 03.03.1993 and Judgment and Decree passed by the Presiding Officer, Fast Track Court II, Mysore, in R A No.53 of 2005 dated 06 April 2006, In the interest of justice and equity"