IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.710 OF 2019 (RES) BETWEEN:
SRI.H.N.MANJUNATHA, AGED 52 YEARS, S/O HANUMANTHAPPA, R/AT SWATHI NILAYA, D.NO.21-3-277, HOIGE BAZAR, MANGALURU-575001. …APPELLANT (BY SRI.PUNDIKAI ISHWARA BHAT, ADVOCATE) AND:
1. THE KARNATAKA RAJYA DHARMIKA PARISHATH, REPRESENTED BY ITS MEMBER SECRETARY AND THE COMMISSIONER, HINDU RELIGIOUS, INSTITUTIONS AND CHARITABLE ENDOWMENT DEPARTMENT, MALE MAHADESHWARA VARTHA BHAVAN, CHAMRAJPET, BENGALURU – 560018.
2. THE COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT DEPARTMNET, MALE MAHADESHWARA VARTHA BHAVAN, CHAMRAJPET, BENGALURU – 560018.
3. THE EXECUTIVE OFFICER, SHREE MAHALINGESHWARA TEMPLE, PANDESHWARA, MANGALURU – 575001.
4. PRADHAN ARCHAK, SHREE MAHALINGESHWARA TEMPLE, PANDESHWARA, MANGALURU – 575001.
5. SRI.P.SANJEEV KOTIAN, MAJOR, S/O LATE PUDDU, R/AT PANDESHWARA NEW ROAD, MANGALURU ‘A’ HOBLI, MANGALURU TALUK, D.K – 575001.
6. SMT.SUJATHA AHALYA, MAJOR, W/O SURESH LAKSHMI, R/AT DOOMAPPA COMPOUND, OLD KENT ROAD, PANDESHWARA, MANGALURU – 575001.
7. SMT.K.C.NEENA, MAJOR, W/O SANTHOSH KUMAR, R/AT DOOMAPPA COMPOUND, PANDESHWARA, MANGALURU – 575001.
8. SRI.K.VINOD KUMAR, MAJOR, S/O LATE SRINIVAS, R/AT PANDESHWARA NEW ROAD, MANGALURU, D.K-575001.
9. SRI SURESH TALAVIK, MAJOR, S/O T.CHANDAN, R/AT DOOMAPPA COMPOUND, OLD KENT ROAD, PANDESHWARA, MANGALURU – 575001.
10.SRI.N.MAHESH RAO, MAJOR, S/O LATE KRISHNA RAO N, R/AT NO.23-12-1198, NEAR RAMAKRISHANA MISSION, MANGALADEVI MONKEYSTAND, MANGALURU, D.K – 575001.
11.SRI.SURESH B.N, MAJOR, S/O A.B.NARAYANA, R/AT TAILARY ROAD, MULIHITHLU, BOLARA, MANGALURU, D.K – 575001.
12.SRI Y VASUDEVA SHENOY, MAJOR, S/O LATE JAGANNATH SHENOY, R/AT SHENOY COMPOUND, MANGALURU, D.K – 575 001. ...RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 63A OF THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT ACT, 1997 AGAINST THE ORDER DATED 06.12.2018 PASSED IN PROCEEDING NO.ADM 08 CR 116/2017-18, WHEREIN, THE APPLICATION FILED BY N H MANJUNATH, WHICH HE CALLS AS AN APPEAL, CANNOT BE REGISTERED, EITHER AS APPEAL OR AS AN APPLICATION. IT BE PLACED IN THE MEETING OF RAJYA DHARMIKA PARSHAT ALONG WITH THE ABOVE SAID ORDER OF THE HON’BLE HIGH COURT AS STATED THERE IN AND ALSO IT IS STATED THAT, THE ELECTION OF THE PRESIDENT IS SUBJECT TO THE DECISION OF THE RAJYA DHARMIKA PARISHAT RECONSIDERING THE VALIDITY OF THE APPOINTMENT OF MEMBERS AS MENTIONED THEREIN.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file a fresh appeal.
In view of the submission of the counsel, memo is taken on record. The appeal is dismissed as withdrawn. Liberty is reserved to the appellant to file a fresh appeal. The certified copy furnished in this case shall be returned to the counsel by replacing the Photostat copy of the same.
Sd/- JUDGE