BASAVAYYA Vs. DASAPPA

JUDGEMENT

(1.) BY consent the main revision petition itself is taken up for disposal. In an application under Section 101 of the Hindu Religious and Charitable Endowments Act 22 of 1959 by the trustees appointed by the Assistant Commissioner, Hindu Religious and Charitable Endowment having jurisdiction, the learned Magistrate directed delivery of the temple, records and its movable properties without notice to the Respondent -the Petitioner herein, who according to the Petitioner is the trustee. The Petitioner raises the following contentions in support of his argument that the order of the learned Magistrate ordering delivery is not sustainable: -

(2.) IN so far as the second contention is concerned, the Petitioner is at liberty to take this objection before the lower Court and the lower Court will consider the same on merits.