MANOHAR BALAPPA MUNGARI Vs. REVANSIDDESWAR SIDDARSHRAM COMMITTEE

JUDGEMENT

(1.) Invoking Sec. 104 of the Code of Civil Procedure, 1908, the plaintiffs are before this Court, as their application under Sec. 92 of the Code of Civil Procedure, seeking permission to file a suit against the defendants under Sec. 92 of the Code of Civil Procedure is rejected by the Principal District Judge, Belagavi.

(2.) Plaintiffs have filed a suit seeking the relief of declaration that the formation of the first defendant Committee is null and void and also have sought a prayer to frame a scheme for administration of the Hunasevari Siddeshwar Devasthan, and consequential relief of injunction is also sought.

(3.) The plaintiffs claim that, Hunasevari Siddeshwar Devasthan is a registered Trust under the Bombay Public Trusts Act, 1950. In support of their claim, they have also produced the certified copy of the Register pertaining to the aforementioned Temple, wherein it is stated that the temple is registered as a Public Trust. It is their further contention that, defendant No.1 is registered as a Committee on 16/12/2008 before the Registrar of Societies and it is contended that the Committee, without any authority, is claiming right over the property of the Hunasevari Siddeshwar Devasthan Trust.