GOWRISHANKARA SWAMIGALU Vs. SIDDHAGANGA MUTT

JUDGEMENT

(1.) This Miscellaneous First Appeal preferred under Order 43 Rule l(r) of the Code of Civil Procedure arises out of and is directed against an order made by the Prl. Civil Judge and CJ.M., Tumkur on I.A.No.1 in O.S. 87/88 refusing to affirm an interim injunction granted to the plaintiff therein ensuring prevention of interference with the performance of the duties and functions by the plaintiff as Chara Jangama Pattadhikari and Uttaradhikari to the office of Mathad- hipathi of a religious Mutt called Sri sid- daganga Mutt in the outskirts of Tumkur city in the neighbouring district of Tumkur.

(2.) Upon the institution of the suit, the learned Judge had granted an ex-parte injunction as aforesaid but after notice to the defendants who appeared and opposed the affirmation of the injunction besides insisting upon vacating the same, the learned Judge after hearing both sides vacated the injunction and hence this appeal in which at the stage of admission itself, I have had the benefit of hearing not merely the appellant but also respondents who had successfully prevailed upon the court below to vacate the injunction. The respondents appeared in this Court on their own, took notice of the appeal and joined issue with the appellant at the initial stage. With both sides providing all the pleadings and records that would be necessary for the disposal of the appeal, the appeal itself was heard on its merits so as to facilitate its final disposal which I propose to make by this order for which purpose I have treated this appeal as admitted as a step-in- aid for its final disposal.

(3.) Although this appeal is but a mere proceeding arising from an interlocutory order nonetheless differs a little from the mill- of-the-run cases that are dealt with and disposed off routinely by this Court. The difference to my mind lies in the fact that the troika of parties associated in this appeal are three celibate monks and their bone of contention is an honor is cause being a position of honour i.e., the right to succeed to the title of the Mathadhyakasha of the institution along with which marches the position of a contingent heir in waiting to step-in at the appropriate time for being inducted as the head of the institution. The appellant herein, was until deposed by the order of the second defendant dated 31-3-1988 the duly appointed heir apparent to the headship of the mutt and was a person waiting in the wings to step into the shoes of the head as and when the latter stood removed from the scene in the usual course and due to natural reasons upon his demise. He was appointed as Ut- taradhikari and Chara Jangama Pattadhikari by defendant No.2 Dr. (Sri) Shivakumara Swamy, an octogenarian monk, belonging to the Lingayat community presently the head of the Sri Siddaganga Mutt known far and wide not only for its spiritual fame but also as a centre of great learning and education. I was told that at present the institution was responsible for running and supporting 70 educational institutions under its auspices among which was a full-fledged engineering college offering a course leading to a degree in engineering. It is not denied that all this was made possible by the dynamism and initiative of the octogenarian monk who, as admitted facts indicate, gave up the world to become an ascetic when he was still an young man of 20 years age and later became the head of the institution when his own guru passed a way in the year 1941 at which time this institution although boasting of a lineage dating back to the 11th century was still a fledgling in the comity of religious institutions having then under its wing four educational institutions but after defendanl-2 Sri. Shivakumara Swamigalu took over as the head of the mutt, by constant application, devotion and assiduous labour the Swami had built-up single-handedly a great conglomerate of educational institutions which today almost matched numerically the swami's advancing years.