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1996 Supreme(Kar) 219

H.N.TILHARI
GANAPATHI NARAYAN SABHAHIT – Appellant
Versus
SHIVARAM NARAYAN BHAT – Respondent


H. N. TILHARI, J.

( 1 ) THIS is defendants' civil revision from the judgment and order dated January 17, 1995 in Miscellaneous Appeal No. 2 of 1995 delivered by Sri M. S. Rajendra Prasad, District Judge, Karwar dismissing the defendants' appeal and confirming the judgment and order dated 22nd December, 1994 delivered by Sri S. Mariyappa Civil Judge, Karwar allowing the plaintiffs' application filed under Order 39, Rules 1 and 2 read with sections 94 and 151 of the Code of Civil Procedure in Shivaram and Others v Ganapathi and Others , restraining the defendant, their men, agents and servants from interfering with the plaintiffs' enjoyment of their rights and benefits as archakas of sri Vinayak Dev Temple, Idagunji in Honnavar taluk and directing them not to interfere with the plaintiffs' right to offer pooja, viniyogas, performance of ganahoma, vratas and other rituals as per tradition and customs of the temple as well as restrain them from employing the services of any other person/priest to perform the above functions or duties till the disposal of the suit.

( 2 ) THE facts of the case in brief are - that the plaintiffs-present opposite party/respondent filed the suit for decree o































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