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2007 Supreme(Kar) 836

V.GOPALA GOWDA, JAWAD RAHIM
G VENKATESH – Appellant
Versus
C. GANGAIAH – Respondent


Advocates appearing for
Appellant: M. Shivaprakash, Adv.
Respondents: G.B. Chandregowda, Adv.

ORDER

Gopala Gowda, J.

This review petition under the provisions of Section 41 sub-section (1) of Code of Civil Procedure is preferred by the appellant - petitioners for review of the judgment passed by us in RFA. Nos.539/96 and 540/96 on 17.03.2006 whereby the common judgment and decrees passed in the Original Suits No.45/1988 and 409/1988 passed by the I Additional Civil Judge, Bangalore Rural, District, Bangalore were set aside and modified by us for the reasons assigned in the judgment and a direction was issued by framing of a scheme and settling the dispute between the parties.

2. The circumstances in which this review petition is filed are:

The review petitioners - appellants had questioned the judgment and decree of the Trial Court in O.S. No.45/1988 dated 26.07.1996. By the said judgment, the Trial Court had declined to declare the temple namely ‘Shanimahatma Temple’ as private temple and declared it as a public temple. The appellants claimed that their late father. Gangahanumaiah while working on his lands was enlightened on the divine appearance of Lord Shanimahatma. Lord Shanimahatma blessed him in person and ordained him to lift the huge rock and shift it on the porti
































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