RAMACHANDRA Vs. SHIVARAM NARAYANA BHAT

JUDGEMENT

(1.) WHETHER the archakas' hereditary right which is in the nature of property, can be done away with by an order of termination by the trustees of Sri Vinayaka dev Temple, Idagunji, Honnavara Taluk and further, whether upon a declaration that the termination order is void, the archaka is entitled to the relief of injunction, are the two important questions among others that require an answer from this court in this second appeal.

(2.) BRIEFLY stated, the facts which have given rise to this second appeal are that, the plaintiffs in O. S. No. 10/ 01 prayed for a declaration that they are the hereditary archakas of Sri vinayaka Dev Temple, Idagunji, and that the said right being in the nature of property carrying emoluments, the plaintiffs, in consonance with the said legal character, are entitled to officiate as the upadhivant priests and are also entitled to perform at the altar end in the temple, the Nitya- Naimithik poojas, conduct special poojas on special occasions, abhisheka, Archana naivedya, Vrathas, ganaboma etc. , in line with their Upadhi rights and to act as purohits as well, for devotees in performing seva etc. , fetching emoluments in the form of Tastik, half share in Phalavali, in whole of Padiakki, an anna of share in the worth of Panchakajjaya offered, half coconut for the coconuts offered and Dakshina etc. It was also the case of the plaintiffs, that the hereditary right which is in the nature of property carrying emoluments, having its origin in the ancient times, ever since the consecration of Sri Vinayaka idol at the suit temple, the plaintiffs family have been performing the aforesaid duties of hereditary archakas and following the defendants issuing the order of termination dated 21. 9. 94 which order is illegal and void and contrary to the principles of natural justice, the plaintiffs also sought for consequential relief of injunction restraining the defendants and their agents, servants etc, from interfering with the plaintiffs rights in perforating their duties as hereditary archakas. .

(3.) IT may not be out of place, to also mention at this juncture as to the origin of Sri Vinayaka dev Temple, Idagunji and according to the plaintiffs, the deity had its origin in the mythological era and the idol was sculptured by the divine sculptor Vishwakarma and was installed at the suit site by a sage of Valakhilya order, with the assistance rendered by sage narada, who according to the legend, was instrumental in securing the blessings of divine consorts Shiva and Parvathi for the installation of the deity and also the eternal presence of Ganapathi in the idol is also ensured by performing the poojas as per the agama Shastras to ensure the divinity in the idol and according to the puranik sayings, ganapathi assured his divine presence in the idol on being offered panchakajjaya daily.