SHANIMAHATMA SWAMY Vs. C GANGAIAH

JUDGEMENT

(1.) The above appeals are directed against the order dated 25-2-1993 on I.A. No. 38 in O.S. No. 45 of 1988 passed by the learned Additional Civil Judge, Bangalore Rural District, Bangalore.

(2.) I.A. No. 38 was filed by the first defendant in the suit under Order 39 Rules 1 and 2 read with S. 151 of the Code of Civil Procedure for grant of temporary injunction restraining the appellants from conducting any festivals or functions in the temple and receiving any donations offerings by way of cash or kind from the devotees and public. The appellants in M.F.A. No. 1255 of 1993 are (i) The Deity Sri Shanimahatma Swamy and (ii) the second appellant, the heriditary Dharmadhikari and Archak (hereinafter referred to as "the plaintiffs"). The appellants in M.F.A. No. 313 of 1994 are defendants 28 to 30 in the suit who are the brothers of the second appellant in M.F.A. No. 1255 of 1993. M.F.A. No. 1255 of 1993 was filed on 14-7-1993. M.F.A. No. 313 of 1994, against the very same order, was filed on 18-8-1993. Since the prayer in both the appeals are identical and also common interest is involved to the appellants in both the appeals, it is quite appropriate to pass a common order.

(3.) Before adverting to the grievance of the appellants, it is necessary to advert to the few facts which are of some help to decide both the appeals in the best manner possible.