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 portion of another agricultural land and conduct poojas. Gangahanumaiah followed the revelations and lifted the rock easily which was otherwise humanly impossible and as ordained, installed it on a portion of land and conducted poojas and other rituals. He revealed of divine appearance of Lord Shanimahatma in the first instance to his family members and then to the local residents. persons: who had faith, followed him and commenced performing of pooja with reverence. As time passed, it became a popular place of worshi and people from far and near with implicit faith regularised the worship.’ It led to establishment of a regular temple in the name of Lord Shanimahatma and a diety was also carved out and installed. As the time passed, the offerings of the devotees resulted in collection of large sums of money and necessitated effective management.

3. Gangahanumaiah the first devotee though a non-brahmin, continued to conduct the worship to fulfill the aspirations of all concerned. In about an year - the Government accepted the request of Gangahanumaiah and granted land in the name of temple. In this way, the temple came to acquire land measuring an extent of I acres 83/4 guntas.

4. A Committee was also constituted by Gangahanumaiah which includes local residents and the offerings were utilised for build up of the temple. However, a dispute arose between the local residents and the family members of Gangaha-numaiah. In this regard, Gangahanumaiah executed a gift deed vide EX.P.14 gifting the property granted by the Government to the Committee in the name of diety but reserved for himself the right of worship as ‘Sabhahit’.

5. That was not to the satisfaction of the local residents and therefore came to be filed. In the first instance O.S. No.45/1988 was filed by the review petitioner - appellants seeking a declaration that the ‘Shanimahatma Swamy Temple’ is a private property belonging to the family of late Gangahanumaiah and his descendants etc. A suit in O.S. NO.409/1988 was also filed by the local residents who sought rendition of accounts of Gangahanumaiah for the income/expenditure of the offerings made by the devotees. After due and detailed enquiry, the learned Trial Judge decreed the suits by his common judgment and decrees dated 26.07.1996. Aggrieved by the judgment and decrees so passed, an appeal was preferred by the appellants before this Court in RFA No.539/1996 and connected appeal No.540/1996. Both the appeals were heard by us on merits. Learned counsel Sri. S.K.V. Chalapathy appeared for the plaintiff - appellants (in RFA No.539/96) who are also the descendants of late Gangahanumaiah and Sri. R.B. Sadashivappa, learned counsel appeared for the respondent No.5 (inRFANo.539/96). By judgment dated 17.03.2006, we had disposed of both the appeals