LAWS(KAR)-2024-11-138

VIDYA VIJAYA THIRTHARU Vs. VIDYA SHREESHA THIRTHARU

Decided On November 19, 2024
Vidya Vijaya Thirtharu Appellant
V/S
Vidya Shreesha Thirtharu Respondents

JUDGEMENT

(1.) Challenging common order dtd. 23/7/2018 passed by XLI Additional City Civil Judge, Bengaluru (CCH-42) in O.S.no.3130/2018 on two I.As, one filed by plaintiff under Order XXXIX Rules 1 and 2 of CPC and another filed by defendant no.1 under Order XXXIX Rules 1 and 2 of CPC, MFA no.6998/2018 is filed. While challenging order dtd. 18/1/2024 in same suit on I.A.no.1/2023 filed by plaintiff under Order XXXIX Rules 1 and 2 of CPC, MFA no.1280/2024 is filed.

(2.) Sri Vigneshwar S. Shastri, learned Senior Counsel appearing for Smt.Neeraja Karanth, learned advocate for appellant- plaintiff submitted, subject matter of appeals is concerned to Sri Vyasaraja Mutt (Sosale) [hereinafter referred to as 'Mutt']. It was submitted, O.S.no.3130/2018 was filed for declaring plaintiff as Uttaradhikari of Mutt; for mandatory injunction restraining defendant no.1 or his followers from appointing defendant no.2 or any persons as Shishya, Sanyasi or Uttaradhikari; for permanent injunction restraining defendant no.1 from interfering from performing pooja of idols of Mutt by plaintiff in any branches of Mutt including head office at Bangalore etc.

(3.) In said suit, plaintiff filed two applications under Order XXXIX Rules 1 and 2 of CPC, first one to restrain defendant no.1 from interfering with performance of pooja in any branches of Mutt and second one for restraining defendant no.1 from ordaining defendant no.2 or any other person as Shishya, Sanyasi or Uttaradhikari during pendency of suit.