DYAMANNA Vs. GADDAPPA

JUDGEMENT

(1.) THIS revision petition is filed by the petitioners-defendants aggrieved by the orders of the Civil Judge, Senior Division, Yadgir in M. A. No. 6 of 1998, dated 22-8-1999 wherein the Appellate Judge has set aside the orders of the Civil Judge, Junior Division, Shorapur in O. S. No. 13 of 1991, dated 13-3-1998. The parties, for the sake of brevity, are referred to as per their ranking in the Trial Court.

(2.) THE facts in brief are as under. The respondent-Gaddappa (plaintiff) filed suit in O. S. No. 13 of 1991 on the file of the Munsiff, Shorapur seeking for an order of injunction against the defendant restraining them from causing interference and obstruction to the plaintiff for performing the pooja and conducting the annual jathra, management of Geddamma Temple situated at Jangina-gaddi Village, Shorapur Taluk. Along with the plaint, he filed an interim application seeking for a temporary injunction. The case as pleaded is that the defendant 2 (petitioner 2) is the adoptive mother of the plaintiff. The plaintiff was taken in adoption by the defendant 2 and her husband, late Amarappa s/o. Bhimappa Poojari in terms of an adoption deed dated 6-3-1978 bearing Registration No. 15 of 1977-78. The second defendant-husband has given the rights of pooja of the temple and performance of annual jathra etc. , to the plaintiff (respondent 1 herein ). The defendants 1, 3 and 4 i. e. , petitioners 1, l (iv) and respondent 2 (defendant 4) are totally unconcerned with the family of Amarappa and also the deity. They have no right whatsoever in performance of pooja and conduct of the annual jathra. It is his case that they are unnecessarily interfering and therefore they have to be restrained from interfering with his right to perform pooja and conduct of annual jathra. An interim injunction was granted by the learned Judge ex parte on 22-1-1991. Defendants entered appearance and took several adjournments without filing any objections whatsoever. In those circumstances, the learned Trial Judge made an interim injunction order earlier in his order dated 31-10-1992, thereafter the proceedings were adjourned from time to time. During the pendency of the proceedings, the petitioners-defendants filed objections to LA. I seeking for vacation of the injunction granted by the Trial court. The Trial Court, heard the parties and after hearing, the injunction was vacated and an order was passed directing the plaintiff and defendants to perform pooja and conduct the annual jathra to Ged-damma deity, Janginagaddi Village every year "by routine" until the disposal of the case in the order dated 13-3-1998.

(3.) ANOTHER suit came to be filed by the present petitioners in O. S. No. 28 of 1997 seeking an injunction against the present respondent 1-plain-tiff in O. S. No. 13 of 1991. An order on LA. I was passed rejecting the la. for injunction.