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2005 Supreme(Kar) 23

R.GURURAJAN
KRISHNA GAJANANA VEDESHWAR – Appellant
Versus
NARAYAN GAJANAN VEDESHWAR – Respondent


Advocates:
GANAPATI S.SHASTRI, S.HARISH GOWRISHANKAR, S.V.Bhat, VISHWANATH R.HEGDE

R. GURURAJAN, J.

( 1 ) THIS is one more case reflecting the slow movement of wheels of justice in Civil Courts. The suit of 1954 ended in a decree and execution of 1971 ended in compromise. Compromise is challenged by subsequent suits before Trial Court as well as Appellate Court and ultimately in this Court.

( 2 ) THE defendants/appellants are before me challenging the order of the learned Trial Judge passed in O. S. No. 7 of 1992 and O. S. No. 5 of 1993 confirmed in Appeal Nos. R. A. Nos. 87 of 2002 and 6 of 1998, dated 19-12-2002 and 28-2-1998 respectively. Parties would be referred to as per their ranking before the Trial Court.

( 3 ) FACTS are as under: plaintiff Ganesh Subray Bhat filed a suit seeking for injunction restraining the defendant/appellants from interfering with the alleged act of performing pooja in the temples of Shree Mahaganapati and Shree mahabaleshwar at Gokarn. One Sri Subbaraya Appu Bhat uncle of 1st respondent-Ganesh Subraya Bhat filed a suit in O. S. No. 238 of 1954 on the file of the Munsiff at Honnavar for partition and separate possession. In the said suit, no right whatsoever in respect of pooja was asked for by Subbaraya Appu Bhat. There was a settle





















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