KALIKADEVI OF SHIRASANGI Vs. SHIVASAHARANAND SADHU MAHARAJ

JUDGEMENT

(1.) This Civil Revision Petition is preferred under Section 115 of the Code of Civil Procedure, against the Order dated 8th August, 1984, passed by the learned Civil Judge, Bailhongal, in O S. No. 38/81, referring issue Nos. 4, 5 and 13 to the Assistant Charity Commissioner, Belgaum, for recording this findings on those issues and also staying further proceedings in the suit until the findings are received.

(2.) The contention of the petitioners is that there is no provision in the Bombay Public Trusts Act, 1950, (hereinafter referred to as the 'Act') enabling Civil Court to refer the issues to the Assistant Charity Commissioner. Therefore, the order under Revision is without jurisdiction.

(3.) The petitioners are plaintiffs. The first plaintiff "Sri Kalikadevi of Shirsangi" is a public trust registered under the provisions of the Act. Plaintiffs 1A to 1D are the trustees of the first plaintiff-public trust. The suit is for a declaration that the Chariot or the Ratha constructed or got ready by defendant No. 1 and other for and in the name of first plaintiff is the property of public trust They have also sought for possession and custody of the Chariot from defendants 1 and 16 and further restraining defendants 1 to 13 and 16 from holding Rathothsava or taking out any procession of the Chariot in the name of Sri Kalamma alias Sri Kalikadevi deity of shirsangi either on the Gouri Hunnime day or on any other day. The defendants are contesting the suit. Several issues are framed in the suit. Out of them, issue Nos. 4, 5 and 13 are referred to the Assistant Charity Commissioner, Belgaum, by the order under Revision, for recording this findings on those issues.