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2005 Supreme(Kar) 185

S.B.MAJAGE, S.R.NAYAK
RUDRAMUNIDEVARU – Appellant
Versus
SHRIMAD MAHARAJ NIRANJAN JAGADGURU DR. GANGADHAR RAJAYOGENDRA MAHASWAMIGALU, MOORUSAAVIRAMATH, HUBLI – Respondent


Advocates:
ASHOK B.HINCHIGIRI, F.V.PATIL, G.R.GURUNATH, Jaykumar S.Patil, K.G.NAYAK, K.RAMDAS, M.P.ESVARAPPA, SUNDARASWAMY RAMADAS

S. R. NAYAK, J.

( 1 ) THE appellant herein is the applicant in Miscellaneous Application no. 66 of 1999. This appeal preferred under Section 37 (l) (b) of the arbitration and Conciliation Act, 1996 (for short, 'the Act') is directed against the judgment and order dated 5th September, 2000, passed in miscellaneous Application No. 66 of 1999 on the file of the Court of the first Additional District Judge, Dharwad. The Court below by the order under appeal has dismissed Miscellaneous Application No. 66 of 1999 filed by the appellant herein under Section 34 of the Act.

( 2 ) THE facts of the case in brief are as follows.- there is a well-known Veerashaiva Math called Moorusaavira Math at Hubli having large number of devotees in the Veerashaiva community not only in the State of Karnataka but also from outside. Moorusaavira Math is registered as a public trust under the provisions of the Bombay Public Trust Act, 1950 (for short, 'the BPT Act' ). The first respondent was the Mathadipathi and sole trustee of the Math as noted in the P. T. Register at the relevant point of time. As noted in the PT register, the succession to the office of the Mathadipathi is by way of appointment of a succ































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