LAWS(KAR)-2008-12-18

G HOSAKERAPPA Vs. SADGURU MAHADEVATHATHANAVARA PRASADA NILAYA TRUST

Decided On December 10, 2008
G.HOSAKERAPPA Appellant
V/S
SREE SREE SREE SADGURU MAHADEVATHATHANAVARA PRASADA NILAYA TRUST Respondents

JUDGEMENT

(1.) BOTH the appeals arise out of the judgment and decree dated 26.2.2007 passed in O.S. No. 156/2002 by the Addl. Civil Judge (Sr. Dn.), Bellary. One Sree Sree Sree Sadguru Mahadevathathanavaru a saint popularly known as Alipur Tatha had large followers and devotees all over Karnataka. The devotees had donated large extent of movable and immovable properties to the saint. The saint left the mortal body on 30.12.1987. One Nalawada Basappa and Sowdri Shanmukhappa trustees of Sree Sree Sree Sadguru Mahadevanthathanavar Gnana Rambhapuri Math filed O. S. No. 1/1991 under Section 92 of CPC for framing a scheme. One J.S. Basavaraj and Channanagoud trustees of Sree Sree Sree Mahadevathathanavar Vidya Samsthe were the defendants in the suit. The Plaintiffs and the defendants entered into compromise under Order 23, Rule 3 giving the detail procedure for management of the trust and also proposed the names of the trustees to manage the properties of the trust situated in different parts of Karnataka. The District & Sessions Judge decreed the suit in terms of the compromise.

(2.) THE appellants in RFA No. 1010/2007 filed suit in O.S. No. 156/2002 for declaration that the compromise decree in O.S. No. 1/1991 is a fraudulent decree and be declared as void and also sought relief of appointment of a committee for the management of the trust. THE appellants in RFA 1468/ 2007 are the defendants in the suit