LAWS(KAR)-2019-6-479

SHREE UTTARADI MUTT Vs. SHREE RAGHAVENDRA SWAMY MUTT

Decided On June 04, 2019
Shree Uttaradi Mutt Appellant
V/S
Shree Raghavendra Swamy Mutt Respondents

JUDGEMENT

(1.) The petitioner is before this Court under Article 227 of the Constitution of India challenging the order dated 25.04.2019 passed in R.A.No.123/2014 on the file of the Prl. Senior Civil Judge and CJM, Dharwad, whereby additional documents not shown in the list appended to the applications, I.A.Nos.5, 11 and 12 are allowed to be marked.

(2.) The petitioner is the plaintiff and the respondent is the defendant in O.S.No.193/1992 filed for permanent injunction to restrain the defendant from entering upon the suit schedule land "Nava Vrindavana Gadde" or interfering with the plaintiff's possession and enjoyment thereof in any way, and or interfering or disturbing with the performance of Annual Aradhana of H.H.Padmanabha Theertharu, Sri.H.H. Kavindra Theertharu and Sri.H.H. Vageesha Theertharu.

(3.) After trial the suit came to be dismissed by judgment and decree dated 18.06.2011. Aggrieved by the said judgment and decree, the plaintiff filed R.A.No.123/2014 before the Prl. Senior Civil Judge and CJM Dharwad. The said Regular Appeal was allowed by judgment dated 22.04.2015. The decree passed in R.A.No.123/2014 reads as follows: