IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.781 OF 2015 C/W REGULAR SECOND APPEAL NO.782 OF 2015 BETWEEN:
1. SRI HANUMANTHAPPA S/O KITAPPA HUVADIGA AGED ABOUT 54 YEARS OCC:BARAWARDAR ARCHAK 2. SANNARANGAPPA S/O KASTURAPPA AGED ABOUT 56 YEARS OCC: BARAWARDAR ARCHAK 3. P.S.RAMAPPA S/O SANNARANGAPPA AGED ABOUT 57 YEARS OCC: BARAWARDAR ARCHAK 4. PRAKASH S/O ONKARAPPA AGED ABOUT 32 YEARS OCC: BARAWARDAR ARCHAK ALL ARE R/O DEVERAHALLI SANTHEBENNUR HOBLI CHANNAGIRI TALUK – 577 213 … COMMON APPELLANTS [(BY SRI H.DEVENDRAPPA, ADVOCATE (ABSENT)] AND:
1. B.S.SUDARSHAN S/O B.K.SHESHACHALA RAO AGED ABOUT 23 YEARS BARAVARDAR ARCHAK SRI UDGIRI RANGANATHA SWAMY TEMPLE DEVRAHALLI SANTHEBENNUR HOBLI CHANNAGIRI TALUK – 577 213 2. B.K.SESHACHALA RAO S/O B.KRISHNA MURTHY AGED ABOUT 57 YEARS AGAMIKA @ ARCHAK SRI UDGIRI RANGANATHA SWAMY TEMPLE DEVRAHALLI SANTHEBENNUR HOBLI CHANNAGIRI TALUK – 577 213 3. THE DEPUTY COMMISSIONER DAVANGERE DISTRICT DAVANGERE CITY – 577 001 4. THE TAHSILDAR CHANNAGIRI TALUK CHANNAGIRI TOWN – 577 213 ... COMMON RESPONDENTS (BY SRI G.S.BALAGANGADHAR, ADV., FOR R-1 AND R-2; SRI S.B.SHAHAPUR, HCGP FOR R-3 AND R-4) THIS RSA No.781/2015 IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED: 09.01.2015 PASSED IN R.A.NO.30/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAGIRI, CONSEQUENTLY DISMISS THE SUIT FILED BY THE RESPONDENTS 1 AND 2 IN O.S.NO.100/2005 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., CHANNAGIRI.
THIS RSA No.782/2015 IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED:09.01.2015 PASSED IN R.A.NO.31/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAGIRI, CONSEQUENTLY ALLOW THE COUNTER CLAIM OF THE APPELLANTS/DEFENDANTS FILED BY THEM IN O.S.NO.100/2005 AND DECLARE THAT THE APPELLANT 1 TO 4 AND THEIR ANCESTORS ARE HAVING HEREDITARY RIGHTS IN WORSHIPPING OR IN DOING POOJA TO SRI UDUMARADI RANGANATHASWAMY TEMPLE, MULA VIGRAHA AND UTSAVAMURTHY, INCLUDING SRI LAKSHMIDEVI DEITY.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellants.
Peremptory order dated 09.07.2019 is not complied. Therefore, appeals already stood dismissed. No further orders are required.
In view of the dismissal of the appeals, I.A.No.1/2018 does not survive for consideration and disposed of accordingly.
Sd/- JUDGE KG