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2003 Supreme(SC) 368

G.P.MATHUR, S.RAJENDRA BABU
Sahebgouda (Dead) By Lrs. – Appellant
Versus
Ogeppa – Respondent


JUDGMENT

G.P. Mathur, J.-These appeals by special leave have been preferred by the appellants against the judgment and decree dated July 24, 1992 of the High Court of Karnataka by which the Second Appeals preferred by the respondents were allowed and the suit filed by the appellants was dismissed on the ground that the same was barred by Section 80 of Bombay Public Trust Act, 1950 (hereinafter referred as the Act ).

2. The question in issue relates to the jurisdiction of the Civil Court to entertain the suit, which was instituted by the appellants in the Court of Principal Munsiff, Bijapur. The case of the appellants in brief was that they are the ancestral Pujaris of the Amogsidda Temple situated in Survey No. 214, particularly Survey No. 214-B of Jalgeri Taluka Bijapur, and prior to them their father and grand-father performed Puja by turns. The appellant No.1 has eight anna right of Puja and other appellants have the remaining right of Puja which right the appellants and their ancestors had been exercising by turns. The appellants performed Puja throughout the year and at the time of annual Jatra of Chhatti Amavasya get the offerings made by Bhaktas to the God Amogsidda in the a


















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