CHIDANANDASWAMY BELLARY Vs. SHADAKSHARAYYA

JUDGEMENT

(1.) This is an appeal filed under Section 96 of CPC challenging the judgment and decree passed in O.S.No.37/1994, under which the suit of the plaintiffs/appellants herein filed for declaration of title and permanent injunction has been dismissed after contest. Respondent is the sole defendant in the said suit. Plaintiff No.2 is stated to be the trustee of plaintiff No.1-Math. According to the plaintiff, schedule properties are the properties of plaintiff No.1-Math. It is further averred that, she was staying in the Math and was performing all the religious ceremonies, duties and functions under the guidance of Shri Guru Chidanandaswami Avadhoot who expired on 20.04.1992. According to the plaintiffs, Shri Guru Chidanandaswami Avadhoot was the Swamy of plaintiff No.1- Math and that, Jagadguru Paramahansa Shivaramswami Bhagyanaver conferred upon the plaintiff Sanyashi Diksha and consequenlty Peetarohana ceremony held on 21.02.1994. Defendant had made an attempt to stop the function by filing original suit in O.S.No.15/1994. Before the Principal Civil Judge at Bagalkot could pass an order of injunction on I.A.No.1, Peetarohana ceremony was held on 21.02.1994. Therefore, temporary injunction did not survive. According to the plaintiffs, defendant is not concerned with the Math properties in any way.

(2.) It is further averred that, defendant is not entitled to hold any functions or festivals on behalf of the plaintiff No.1 at Somalapur. The cause of action arose on 16.04.1994, when the plaintiff came to know of the proposed functions to be held by the defendant on behalf of the plaintiff No.1-Math from 22.04.1994 for about a week. Hence, suit came to be filed for the relief of declaration that plaintiff No.1 is the owner of the schedule properties measuring 1.10 acres in Sy.No.97/2, 5.39 acres in Sy.No.161/2 and 8.54 acres in Sy.No.161/1 of Somalapur Village, Bellary Taluk and for declaration that plaintiff No.2 is entitled to manage plaintiff No.1-Math and for consequential relief of permanent injunction restraining the defendant from obstructing the peaceful possession and enjoyment of the suit property and holding any religious functions on behalf of plaintiff No.1.

(3.) The said suit has been contested by filing detailed written statement. Defendant has averred that suit is bad in law. He has denied all the contents of the plaint and has called upon the plaintiff to prove the contents of the plaint strictly. The averment that she has become the Guru of plaintiff No.1-Math and Jagadguru Paramahansa Shivaramswami had conferred upon her Sanyashi Diksha has been specifically denied. It is further averred that, plaintiff No.1-Math owns immovable properties at Ilkal, Badami Taluk, Somalapur in Bellary district and that, defendant has accepted voluntarily Sannyas initiated by his Guru Late. Sri.Brishtaiahswami and both of them were engaged in Dharmopadesha preaching universalism to their disciple of Late Sri.Chidanandaswamy. The said Sri.Chidanandaswamy is stated to have established the Maths in Badami Taluk, Ilkal and Somalapur in Bellary district and in other places. Several properties have been acquired by way of gift or by purchase. Sri.Chidanandaswamy was visiting these Maths periodically for conducting religious ceremonies and management of the properties. Defendant is stated to have been trained by Guru Chidanandaswamy for several years and he is the only successor of his office, as he found him to be competent and a fit person. Such assurance is stated to have been made vide will dated 05.03.1992. As such, the defendant is stated to have become the successor in office.