SRI RAGHAVENDRASWAMY MUTT Vs. SRI UTTARADI MUTT

JUDGEMENT

(1.) The civil suit in O.S.No.193/1992 filed by Sri. Uttaradi Mutt - the Respondent herein for injunctive relief against Sri. Raghavendra Swamy Mutt - the Appellant herein, on being transferred from the Court of Civil Judge (Jr. Dn), Koppal to that of Gangavathi, having been re-numbered as O.S.No.74/2010, later after trial was dismissed vide judgment and decree dated 18.06.2011.

(2.) The appeal in R.A.No.123/2014 by Sri. Uttaradi Mutt - the Respondent herein against the dismissal of the suit, came to be allowed by the learned Principal Senior Civil Judge, Dharwad and the suit came to be decreed in part on 22.04.2015, the operative portion whereof reads as under:

(3.) Sri. Raghavendra Swamy Mutt being aggrieved filed Regular Second Appeal No.100446/2015 which came to be partly allowed, remanding the matter to the Trial Court for consideration afresh on 14.11.2017 by setting aside the judgments and decrees of the courts below. Sri. Uttaradi Mutt having taken the matter in S.L.P (C) No.229/2018, which after grant of leave, became Civil Appeal No.9333/2018. The Apex Court vide order dated 26.09.2018, was pleased to allow the Civil Appeal by setting at naught the judgment and order made in Regular Second Appeal with some observations and remanding the matter to this court with a direction that points for consideration after being framed be sent to the First Appellate Court for taking evidence from both the sides thereon; the said court shall submit its findings and the reasons therefor to this court which shall hear and dispose off the Appeal on that basis.