1. Central Administrative Committee Shree Pete Vinayaka Devaru Alias, Shree Mahaganapathi Mahamaya Temple, Shirali, Bhatkal Taluk, R/By Its Chairman, Sri
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1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 24 TH DAY OF APRIL, 2013 BEFORE THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY WRIT PETITION No.76279/2013 (GM CPC) BETWEEN: 1. CENTRAL ADMINISTRATIVE COMMITTEE SHREE PETE VINAYAKA DEVARU ALIAS, SHREE MAHAGANAPATHI MAHAMAYA TEMPLE, SHIRALI, BHATKAL TALUK, R/BY ITS CHAIRMAN, SRI. D. VAMAN KAMATH, R/O. 7TH CROSS, GANDHINAGAR, MANGALORE 2. SHREE PETE VINAYAK DEVARU ALIAS SHREE MAHAGANAPATHI MAHAMAYA TEMPLE, SHIRATI, BHATKAL TALUK. ... PETITIONERS (BY SRI.: JAGADISH PATIL, ADV.) AND VENKATESH S/O. LATE SHRINIVAS BHAT AGED ABOUT 60 YEARS ALLEGED “HERIDIATARY ARCHAKA” SHRI PETE VINAYAKA, SHANTHA DURGA @ SRI. MAHAGANAPATHI MAHAMAYA TEMPLE, SHIRALI, BHATKAL TALUK. ... RESPONDENT 2 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.14.09.2012 IN OS.NO.84/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE, BHATKAL, UTTARA KANNADA DISTRICT ON THE PRELIMINARY ISSUE NO.2, A COPY OF WHICH IS PRODUCED AT ANNEXURE-A. CONSEQUENTLY, THE SAID PRELIMINARY ISSUE NO.2 MAY BE ORDERED TO BE ANSWERED IN FAVOUR OF PETITIONERS AND THE SAID SUIT IN OS.NO.84/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE, BHATKAL, UTTARA KANNADA DISTRICT MAY BE ORDERED TO BE DISMISSED. THIS PETITION COMING ON FOR PRELIMINARY HEARING GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Against the preliminary issue No.2, this petition has been filed. 2. The defendant in OS No.84/2009 is the petitioner. He has contended that the plaintiff was an employee of the temple. Hence, Civil court has no jurisdiction. 3. The Court by considering the previous decision of this Court referred at para No.2 held that the Civil court has jurisdiction to try the instant suit under 3 Section 9 of the CPC. Reasons assigned are sound and proper. 4. I am not inclined to interfere with the impugned order. 5. Accordingly, the writ petition is rejected at the preliminary hearing stage itself. SD/- JUDGE Vmb.