RAGHAVENDRA SWAMY MUTT Vs. UTTARADI MUTT

JUDGEMENT

(1.) The present appeal, by special leave, assails the order dated 11.02.2016 passed by the learned Single Judge of the High Court of Karnataka at Dharwad in I.A. No.1 of 2016 in RSA No.100446 of 2015 whereby he has vacated the interim order dated 16.12.2015 passed in I.A. No.1 of 2015.

(2.) The facts for the purpose of adjudication of the present appeal need to be stated in brief. The respondent, Uttaradi Mutt, filed O.S. No.193/1992 in the Court of Civil Judge, Koppal but in due course the said suit was transferred to the Court of Additional Civil Judge, Gangavati and was registered as O.S. No.74/2010. The suit was filed by the plaintiff- respondent for the relief(s) for perpetual injunction for restraining the defendant-Mutt, its agents, servants, devotees, etc., from entering upon the suit schedule property or interfering with its possession and enjoyment of the suit property and/or interfering or disturbing with the performance of annual "Aradhana" of His Holiness Sri Padmanabha Teertharu, Sri Kavindra Teertharu and Sri Vageesha Teertharu. The suit preferred by the plaintiff was dismissed.

(3.) The judgment and decree passed in the suit was assailed before the Principal Civil Judge, Senior Division, Gangavati and eventually by virtue of the order passed by this Court in Special Leave Petition (Civil) No. 20346 of 2014, it stood transferred to the Court of Civil Judge, Senior Division, Dharwad and numbered as R.A. No.123/2014. The first appellate Court allowed the appeal in part. The appellate Court restrained the present appellant from interfering with the plaintiff/respondent Mutt's possession and enjoyment of suit property subject to the right of the defendant Mutt to perform Adradhanas and Poojas of the Vrindavanas at Navavrindavanagatti.