PARAMESHWARA GANAPATHY Vs. VENKATARAMANA GOPALAKRISHNA

JUDGEMENT

(1.) At Kekkar village, Honnavar Taluk, UK Dist., there is a Hindu temple called Sri Subramanyadev and Batte Vinayakdev. While the petitioner claims that the said temple is a private temple, respondents 1 to 4 claim that the same is a Hindu public temple and has been registered as a public trust under the provisions of the Bombay Public Trust Act of 1950 (Bombay Act No. 29 of 1950) (hereinafter referred to as the 'Act') which is still in force in the Bombay Karnataka area.

(2.) Oa 9-10-1980 respondents 1 to 3 made an application before the District Court, UK, under S. 17 of the Act to appoint them as the trustees of the said temple. On the said application made by respondents 1 to 3, the Court issued a public notice, considered the affidavit filed by one of the applicants and made an order on 15-1-1981 (Annexure-A) appointing them as the trustees of the temple.

(3.) On 13-2-1981 the petitioner made application before the District Court under Or. 9, R. 13 of CPC to set aside its earlier order, afford him an opportunity to file his objections to the application made by respondents 1 to 3 and then dispose of the same on merits which was naturally opposed by respondents 1 to 3. On a consideration of the objections filed by respondents 1 to 3, the learned District Judge, taking the view that the said application made by the petitioner was not maintainable, has rejected the same by his order dated 3-8-1981 (Annexure-B). In this petition under Arts. 226 and 227 of the Constitution, the petitioner has challenged the order dated 15 1-1981 (Annexure A) made by the District Court on diverse grounds.