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2011 Supreme(Kar) 577

A.N.VENUGOPALA GOWDA, N.KUMAR
C. R. Shivananda – Appellant
Versus
H. C. Gurusiddappa – Respondent


Advocates appeared:
For the Petitioner:C.N. Kamath, A.V. Gangadharappa, Advocates.
For the Respondent:R2 - Ashok Haranahalli, Senor Advocate, R3 - H.S. Chandramouli, R4 - Jayakumar S. Patil, Senior Advocate, C.N. Kamath, Advocates.

Judgment :-

1. These two regular first appeals are filed by defendants 2 and 3 and defendants-5 and 6 in the suit, against the judgment and decree of the trial Court, which has decreed the suit of the plaintiffs, removing second and third defendants from constructive trusteeship, directing them to deliver possession of the property to the first defendant and appointing the first defendant as the sole trustee.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. The suit schedule property consists of three items, all situated in Chickmagalur Town. Item No.1 is known as ‘Uppali Mutt’, item No.2 is known as ‘Hosmutt’ and item No.3 is ‘Karisiddeswar Mutt’.

4. The plaintiffs preferred the suit under Section 92 of Code of Civil Procedure. (for short, hereunder referred to as CPC). Their case is that they are Veerashaivas by their religion,. The first defendant is the Mahant of the Kodi Matha Mahasamstana, which is a Veerashaiva Mutt. The said ‘Kodi Mutt’ has various subordinate branch Mutts and properties attached and owned by such subordinate, branch Mutts. The first defendant and his predecessors have and had not only the right




































































































































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