RAGHAVENDRA SWAMY MUTT Vs. UTTARADI MUTT

JUDGEMENT

(1.) The long litigative battle between the religious sects-plaintiff/respondent-Sri Uttradi Mutt (UM) and defendant/appellant-Sri Raghavendra Swamy Mutt (RSM) involved in the present Regular Second Appeal (RSA) was taken up for hearing for expeditious disposal under the directions of the Hon'ble Supreme Court. The appeal was admitted on 13.04.2016 and following substantial questions of law were framed by coordinate bench for consideration:

(2.) Though the present Suit No.74/2010 (filed in 1992) by Uttaradi Mutt vs. Raghvendra Swamy Mutt was originally dismissed on 18.06.2011 by the learned Trial Court, the First Appellate Court (FAC) in the RA No.123/2014 partly decreed the suit of the plaintiff/respondent-(UM) on 22.04.2015 and while doing so the FAC also rejected the three applications filed under Order 41 Rule 27 CPC filed by the defendant/appellant-(RSM) and during the course of arguments of the present second appeal along with connected W.P.No.111125/2014, Mr.K.Suman, the learned counsel for the appellant/defendant-RSM emphatically submitted that by rejection of the three applications under Order 41 Rule 27 of the CPC filed by the appellant/defendant-RSM, there has been a serious miscarriage of justice and the learned FAC has grossly erred in rejecting the said three applications under Order 41 Rule 27 of the CPC and that has prevented a fraud played upon the plaintiff/respondent-UM upon the State Government and the Court be brought to the light before the Court and the said applications deserve to be allowed by this Court, because the entire foundation of the plaintiff's case can be unraveled and upset, if such fraud played by plaintiff upon the authorities of the Revenue Department, Land Survey Department and the Court, is brought to the notice of the Court and such additional evidences are allowed to be led and proved in accordance with law.

(3.) Mr.K.Suman, learned counsel for the appellant/defendant-RSM, further submitted that notwithstanding the impugned order of Superintendent of Land Records dated 07.09.1974 which was upheld by the Karnataka Appellate Tribunal (KAT) in its order dated 18.07.1981 filed by yet another sect Vyasaraja Mutt in Appeal No.356/77, to which the present appellant/defendant-RSM was not a party and the present appellant/defendant-RSM has only now challenged the said order dated 07.09.1974 in W.P.No.111125/2014 filed by the appellant/defendant-RSM, the learned FAC court below could not have rejected the said application under Order 41 Rule 27 of the CPC and other two similar Applications by its order dated 22.04.2015 in R.A.No.123/2014 (Shri Uttaradi Mutt vs- Sri Raghavendra Swamy Mutt) out of which the present second appeal arises.