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In the High Court of Karnataka Dharwad Bench

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R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 24TH DAY OF AUGUST, 2020 BEFORE THE HON’BLE MR. JUSTICE E.S. INDIRESH MFA No.100918/2020 (GM-CPC) c/w MFA NO.101088/2020 MFA NO.100918 OF 2020 Between : 1. Shree Samsthana Mahabaleshwara Deva Gokarna, Rep. by Shree Raghaveshwara Bharathi Swamiji Aged about 42 years, Peetadhipathi Shri Ramachadrapura Matha, Haniya Village, Hosanagara Taluka Shimoga District Administrative Office Shree Mahabaleshwara Temple Gokarna, Kumta Taluk, Uttara Kannada. 2. Shri Ramachandrapura Matha Rep by Shree Raghaveshwara Bharathi Swamiji, Aged 42 years Peetadhipathi Shri Ramachandrapura Matha Haniya Village, Hosanagara Taluka, Shimoga District, Administrative Office Shree Mahableshwara Temple Gokarna, Kumta Taluk. The Appellant No.1 is represented by the 2 Special Power of Attorney Holder Sri. Ganapati K.Hegde, S/o Krishnaiah Hegde Aged 71 years, Administrator Shree Samsthana Mahabaleshwara Deva, Gokarna, Kumta Taluk, U.K. District. 3. Shri Krishna S/o Ganesh Bhat, Aged 65 years, Chief Executive Officer Shri Ramachandrapura Matha Administartive Office No.2-A J.C.Road, Girinagara First Phase, Bangalore, Rep. by GPA Holder Appellant No.2 i.e. Shri Ramachandrapura Matha. …Appellants (by Shri K.G. Raghavan, Sr. Counsel for Shri Prashant F. Goudar, Advocate) And : 1. U.F.M. Ananthraj S/o Dattatreya Adi Age 56 years, R/o Rathabeedi Gokarna-581 319. 2. U.F.M. Vishweshwar S/o Gopal Adi Age 61 years, R/o Rathabeedi Gokarna-581 319. 3. U.F.M. Laxminarayana S/o Venkatarama Adi Age 49 years, R/o Rathabeedi Gokarna-581 319. 4. U.F.M. Suresh S/o Mahabaleshwar Adi Age 54 years, R/o Samudra Road Gokarna-581 319. 3 5. U.F.M. Subramanya S/o Chandrashekar Adi Age 45 years, R/o Nagabedi Gokarna-581 319. 6. U.F.M. Ganesh S/o Vishweshvar Adi Age 44 years, R/o Nagabedi Gokarna-581 319. 7. U.F.M. Vinayaka S/o Shivram Adimule Age 68 years, R/o Rathabeedi Gokarna-581 319. 8. U.F.M. Dinesh S/o Rambavu Adimule Age 32 years, R/o Rathabeedi Gokarna-581 319. 9. U.F.M. Maneshwar, S/o Narayan Adimule Age 69 years, R/o Rathabeedi Gokarna-581 319. 10.U.F.M. Ganesh S/o Narayan Adimule Age 65 years, R/o Rathabeedi Gokarna -581319. 11.U.F.M. Anant, S/o Narayan Adimule, Age 63 years, R/o Nagabedi Gokarna-581 319. 12.U.F.M. Narayan, S/o Krishna Adimule, Age 50 years, R/o Rathabeedi Gokarna-581 319. 13.U.F.M. Vishnumurti, S/o Subhraya Adi, Age 42 years, R/o Rathabeedi Gokarna-581 319. 14.U.F.M. Dhamodar, S/o Shivram Adimule, Age 65 years, R/o Manibhadra Road Gokarna-581 319. 4 15.U.F.M. Chandrashekar, S/o Shivram Adimule Age 49 years, R/o Manibhadra Road Gokarna-581 319. 16.U.F.M. Radhakrishna, S/o Ganapati Adimule Age 42 years, R/o Manibhadra Road Gokarna-581 319. 17.U.F.M. Laxmish, S/o Mahabaleshwar Adimule Age 47 years, R/o Manibhadra Road Gokarna-581 319. 18.U.F.M. Venkatraman, S/o Keshav Adimule Age 42 years, R/o Manibhadra Road Gokarna-581 319. 19.U.F.M. Sheshambhat, S/o Subhraya Adimule Age 54 years, R/o Manibhadra Road Gokarna-581 319. 20.U.F.M. Anant, S/o Ramakrishna Adimule, Age 45 years, R/o Rathabeedi Gokarna-581 319. 21.U.F.M. Krishna Datta, S/o Subhraya Adimule, Age 57 years, R/o Rathabeedi Gokarna-581 319. 22.U.F.M. Anant, S/o Ganesh Adimule, Age 69 years, R/o Rathabeedi Gokarna-581 319. 23.U.F.M. Mahadev, S/o Ganesh Adimule, Age 67 years, R/o Rathabeedi Gokarna-581 319. 24.U.F.M. Venkatraman, S/o Ganesh Adimule, Age 65 years, R/o Rathabeedi 5 Gokarna-581 319. 25.U.F.M. Gajanan, S/o Krishna Hire, Age 69 years, R/o Kotatirta Katte Gokarna-581 319. 26.Shri Kshetra Upadvivant Mandal Represented by its Secretary At/Po:Gokarna, Taluk:Kumata Dist: Karwar-581319. …Respondents (By Shri. S.S.Naganand, Senior Counsel for Shri. A.P.Hegde Janmane & Vijay M. Malali, Advocates for R1 to R25) This MFA is filed under Section 104 read with Order XLIII Rule 1(r) of the Code of Civil Procedure 1908, against the Order dated 19.02.2020 passed in Original Suit No.2/2016 on the file of the Principal District and Sessions Judge, Uttara Kannada, Karwar, allowing the I.A.No.1 filed under Order 39 Rule 1 and 2 of CPC. MFA NO.101088 OF 2020 Between : Shri Kshetra Upadhivanta Mandal (Registered) Gokarna, Kumta Taluk Rep. by its Secretary Balakrishna Ganapati Jambhe Vaidik Age 60 years, Occupation: Secretary Shri Kshetra Upadhivanta Mandal At/Po: Gokarna Taluk: Kumata Dist: Karwar-581 319 ….Appellant 6 (by Shri K.G. Raghavan, Senior for Shri Akshay A. Katti, Advocate) And : 1. U.F.M. Ananthraj S/o Dattatreya Adi Age 56 years, R/o Rathabeedi Gokarna-581 319. 2. U.F.M. Vishweshwar S/o Gopal Adi Age 61 years, R/o Rathabeedi Gokarna-581 319. 3. U.F.M. Laxminarayana S/o Venkatarama Adi Age 49 years, R/o Rathabeedi Gokarna-581 319. 4. U.F.M. Suresh S/o Mahabaleshwar Adi Age 54 years, R/o Samudra Road Gokarna-581 319. 5. U.F.M. Subramanya S/o Chandrashekar Adi Age 45 years, R/o Nagabedi Gokarna-581 319. 6. U.F.M. Ganesh S/o Vishweshvar Adi Age 44 years, R/o Nagabedi Gokarna-581 319. 7. U.F.M. Vinayaka S/o Shivram Adimule Age 68 years, R/o Rathabeedi Gokarna-581 319. 8. U.F.M. Dinesh S/o Rambavu Adimule Age 32 years, R/o Rathabeedi Gokarna-581 319. 9. U.F.M. Maneshwar, S/o Narayan Adimule Age 69 years, R/o Rathabeedi 7 Gokarna-581 319. 10.U.F.M. Ganesh S/o Narayan Adimule Age 65 years, R/o Rathabeedi Gokarna -581319. 11.U.F.M. Anant, S/o Narayan Adimule, Age 63 years, R/o Nagabedi Gokarna-581 319. 12.U.F.M. Narayan, S/o Krishna Adimule, Age 50 years, R/o Rathabeedi Gokarna-581 319. 13.U.F.M. Vishnumurti, S/o Subhraya Adi, Age 42 years, R/o Rathabeedi Gokarna-581 319. 14.U.F.M. Dhamodar, S/o Shivram Adimule, Age 65 years, R/o Manibhadra Road Gokarna-581 319. 15.U.F.M. Chandrashekar, S/o Shivram Adimule Age 49 years, R/o Manibhadra Road Gokarna-581 319. 16.U.F.M. Radhakrishna, S/o Ganapati Adimule Age 42 years, R/o Manibhadra Road Gokarna-581 319. 17.U.F.M. Laxmish, S/o Mahabaleshwar Adimule Age 47 years, R/o Manibhadra Road Gokarna-581 319. 18.U.F.M. Venkatraman, S/o Keshav Adimule Age 42 years, R/o Manibhadra Road Gokarna-581 319. 19.U.F.M. Sheshambhat, S/o Subhraya Adimule 8 Age 54 years, R/o Manibhadra Road Gokarna-581 319. 20.U.F.M. Anant, S/o Ramakrishna Adimule, Age 45 years, R/o Rathabeedi Gokarna-581 319. 21.U.F.M. Krishna Datta, S/o Subhraya Adimule, Age 57 years, R/o Rathabeedi Gokarna-581 319. 22.U.F.M. Anant, S/o Ganesh Adimule Age 69 years, R/o Rathabeedi Gokarna-581 319. 23.U.F.M. Mahadev, S/o Ganesh Adimule Age 67 years, R/o Rathabeedi Gokarna-581 319. 24.U.F.M. Venkatraman, S/o Ganesh Adimule Age 65 years, R/o Rathabeedi Gokarna-581 319. 25.U.F.M. Gajanan, S/o Krishna Hire, Age 69 years, R/o Kotatirta Katte Gokarna-581 319. 26. Shree Samsthana Mahabaleshwara Deva Gokarna, Rep. by Shree Raghaveshwara Bharathi Swamiji Aged about 42 years, Peetadhipathi, Shri Ramachandrapura Matha, Haniya Village, Hosanagara Taluka, Shimoga District Administrative Office Shree Mahabaleshwara Temple, Gokarna, Kumta Taluk, Uttara Kannada. 27.Shri Ramachandrapura Matha Rep. by Shree Raghaveshwara Bharathi Swamiji, 9 Aged 42 years Peetadhipathi Shri Ramachandrapura Matha Haniya Village, Hosanagara Taluka, Shimoga District, Administrative Office Shree Mahableshwara Temple Gokarna, Kumta Taluk. 28.Shri Krishna S/o Ganesh Bhat, Aged 65 years, Chief Executive Officer Shri Ramachandrapura Matha Administrative Office No.2-A J.C.Road, Girinagara I Phase, Bangalore, …Respondents (By Shri. S.S.Naganand, Senior Counsel for Shri A.P. Hegde, Janmane, Advocate for R1 to R25) This MFA is filed under Section 104 read with Order XLIII Rule 1(r) of the Code of Civil Procedure 1908, against the Order dated 19.02.2020 passed in Original Suit No.2/2016 on the file of the Principal District and Sessions Judge, Uttara Kannada, Karwar, allowing the I.A.No.1 filed under Order 39 Rule 1 and 2 of CPC. In these Appeals arguments being heard, judgment reserved, coming on for pronouncement through video conferencing, this day, the court delivered the following: J U D G M E N T It is said: "If a man seeks unity in deity, then he must necessarily learn to seek unity with the interests of the world also and has to work with it and should learn to live in peace & harmony. ” 10 These matters were taken up for final hearing by the consent of learned senior counsel on both sides on 09 th March 2020. The matter was heard in part and again it was called on 11 th March, 2020. On that date, learned Senior Counsel appearing for the appellants submitted that, he has some more submissions to make. He was accordingly permitted to do so, as there was no objection from the other side.
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