Sri Shatasthala Brahma ... vs Sri Gangibhavi Sukshetra Matha
2024 Latest Caselaw 24907 Kant

Karnataka High Court

Sri Shatasthala Brahma ... vs Sri Gangibhavi Sukshetra Matha on 16 October, 2024

                                                 -1-
                                                           NC: 2024:KHC-D:14971
                                                       MFA No. 101142 of 2024
                                                   C/W MFA No. 101145 of 2024



                                 IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                             DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                              BEFORE

                              THE HON'BLE MR. JUSTICE C.M. POONACHA

                        MISCELLANEOUS FIRST APPEAL NO.101142 OF 2024 (CPC)
                                              C/W
                          MISCELLANEOUS FIRST APPEAL NO.101145 OF 2024

                   IN MFA.NO.101142/2024:

                   BETWEEN:

                   SRI SHATASTHALA BRAHMA CHANNABASAVESHWARA
                   SHIVACHARYA SWAMIGALU GANGIBHAVI,
                   AGED ABOUT 45 YEARS, OCC: DHARMOPADESHA,
                   R/AT: GANGIBHAVI MATH, HOSUR - 581 205,
                   TQ: SHIGGAON, DIST: HAVERI.
                                                                    ...APPELLANT
                   (BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE)

                   AND:

                   1.     SRI GANGIBHAVI SUKSHETRA MATHA
                          REGISTERED PUBLIC TRUST, GANGIBHAVI
Digitally signed
                          POST HOSUR, TQ: SHIGGAAON - 581205,
by SAROJA
HANGARAKI                 REPRESENTED BY ITS MANAGER,
Location: High
Court of
                          CHANDRASHEKARAYYA HIREMATH,
Karnataka
                          DIST: HAVERI.

                   2.   SRI SIDDALINGASWAMY
                        PANCHAKSHARAYYA GALIMATH URF
                        SRI RAJAGURU SHIVAYOGI SIDDALINGA SWAMIGALU,
                        AGE: 43 YEARS, OCC: NOT KNOWN,
                        REPRESENTED AT PRASHANTI,
                        SRI BASAVESHWARNAGAR OPPO
                        NEW BUS STAND, NAGANUR TANK ROAD,
                        SHIGGAON - 581 205. DIST: HAVERI.
                                                              ...RESPONDENTS
                   (BY SRI Y.R.JOGI, ADVOCATE FOR R1 AND R2)
                             -2-
                                       NC: 2024:KHC-D:14971
                                   MFA No. 101142 of 2024
                               C/W MFA No. 101145 of 2024



      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER
43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO,
ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 12.03.2024
ON I.A. NO. IV PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI, IN O.S NO.02/2022, IN THE INTEREST OF JUSTICE
AND ETC.,

IN MFA.NO.101145/2024:

BETWEEN:

SRI SHATASTHALA BRAHMA CHANNABASAVESHWARA
SHIVACHARYA SWAMIGALU GANGIBHAVI,
AGED ABOUT 45 YEARS, OCC: DHARMOPADESHA,
R/AT: GANGIBHAVI MATH, HOSUR,
TQ: SHIGGAON, DIST: HAVERI - 581 205.
                                                ...APPELLANT
(BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE)

AND:

1.   SRI GANGIBHAVI SUKSHETRA MATHA
     REGISTERED PUBLIC TRUST,
     GANGIBHAVI POST: HOSUR,
     TQ: SHIGGAON - 581 205,
     REPRESENTED BY ITS MANAGER
     CHANDRASHEKARAYYA HIREMATH.

2.   SRI SIDDALINGASWAMY PANCHAKSHARAYYA
     GALIMATH URF SRI RAJAGURU
     SHIVAYOGI SIDDALINGA SWAMIGALU,
     AGE: 43 YEARS, OCC: NOT KNOWN,
     R/AT: "PRASHANTI" SRI BASAVESHWARANAGAR
     OPPO NEW BUS STAND, NAGANUR TANK ROAD,
     SHIGGAON - 581 205.
                                            ...RESPONDENTS
(BY SRI Y.R.JOGI, ADVOCATE FOR R1 AND R2)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER
43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO,
ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 02.01.2023
ON I.A. NO. I PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI, IN O.S NO. 02/2022 AND ALLOW THE APPLICATION
BY ALLOWING THE PRESENT APPEAL IN THE INTEREST OF JUSTICE
AND ETC.,
                               -3-
                                          NC: 2024:KHC-D:14971
                                     MFA No. 101142 of 2024
                                 C/W MFA No. 101145 of 2024



       THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:      THE HON'BLE MR. JUSTICE C.M. POONACHA

                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

Learned counsel for the appellant has filed a memo dated

14.10.2024 placing on record that the appellant/plaintiff has

withdrawn the suit pending before the Trial Court.

The memo is placed on record and the appeals are

dismissed as having become infructuous.

Sd/-

(C.M. POONACHA) JUDGE

VB CT-ASC