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2013 Supreme(Kar) 702
High Court of Karnataka
B.V. PINTO, J.
Sadhashivayya & Others
Versus
Vardhaman Dhurgaprasad Shetty & Others
Writ Petition No. 46167 of 2013 (GM-CPC) C/W Writ Petition No. 46819 of 2013 (GM-CPC)
Decided On : 31-10-2013
For the Appearing Parties:S.M. Chandrashekar, Senior Counsel for S.B. Mathapati, Jayakumar S. Patil, Senior Counsel for P. Karunakara, Advocates.
The main legal point established in the judgment is the requirement of concurrence of the Advisory Committee members for the appointment of Uttaradhikari as per the Will, and the absence of disposition of property in the Will.
Headnote:
Will - Appointment of Uttaradhikari - AIR 1962 PATNA 481 (V 49 C 130) - AIR 1974 SUPEME COURT 199 - The court discussed the appointment of Uttaradhikari to Sri. Jangama Samsthan Mutt, Gurupur without concurrence of the Advisory Committee members mentioned under the last Will and Testament of Shri Shivaprakash Swamiyar dated 10.11.2011. The Lower Appellate Court confirmed the order of temporary injunction restraining the appointment of Uttaradhikari to the Mutt without concurrence of the Advisory Committee members, but set aside the order restraining interference with the management and control of the Mutt. The court emphasized the requirement of concurrence of the Advisory Committee members for the appointment of Uttaradhikari and the absence of disposition of property in the Will. The court also highlighted the need for immediate appointment of Uttaradhikari in the interest of the Mutt and its devotees.
Fact of the Case:
The case involved a dispute over the appointment of the successor Swamiji to Sri. Jangama Samsthan Mutt, Gurupur, as per the terms of the Last Will and Testament dated 10.11.2011. The plaintiffs sought to declare that they, as members of the advisory committee, were to nominate and appoint the successor Swamiji, while the defendants contested the appointment based on established customs of the mutt.
Finding of the Court:
The Lower Appellate Court confirmed the order of temporary injunction restraining the appointment of Uttaradhikari to the Mutt without concurrence of the Advisory Committee members, but set aside the order restraining interference with the management and control of the Mutt. The court emphasized the need for immediate appointment of Uttaradhikari in the interest of the Mutt and its devotees.
Issues: The main issues revolved around the validity of the appointment of the successor Swamiji based on the Will, the requirement of concurrence of the Advisory Committee members, and the absence of disposition of property in the Will.
Ratio Decidendi: The court held that the appointment of the successor Swamiji required concurrence of the Advisory Committee members as per the Will, and emphasized the absence of disposition of property in the Will. The court also highlighted the need for immediate appointment of Uttaradhikari in the interest of the Mutt and its devotees.
Final Decision: The writ petitions were disposed of with the court upholding the requirement of concurrence of the Advisory Committee members for the appointment of Uttaradhikari and emphasizing the need for immediate appointment of Uttaradhikari in the interest of the Mutt and its devotees.
1. These two writ petitionsare filed challenging the order dated 31.08.2013 passed by the II Additional District Judge, D.K., Mangalore (herein after referred to as the Lower Appellate Court) on IA No.II in MA No.84/2012 under which the Lower Appellate Court has modified the order passed on IA No.II in O.S.No.103/2012 under which the III Additional Senior Civil Judge & JMFC, Mangalore, D.K. (herein after referred to as the trial Court) has directed the petitioners herein or their men, agents or any other persons claiming through or under them to temporarily restrain themselves from appointing Uttaradhikari to Sri. Jangama Samsthan Mutt, Gurupur without concurrence of the Advisory Committee members mentioned under the last Will and Testament of Shri Shivaprakash Swamiyar dated 10.11.2011 till the disposal of the suit and further directed the petitioners herein to further restrain temporarily from interfering with the management, administration and control of the Mutt by the Advisory Committee as per the Will dated 10.11.2011 and their control over the movable and immovable assets of Shri Jangama Samsthana Mutt, Gurupur and the personal assets possessed and enjoyed by the Lingaikya Shri Ma. Ni. Pra. Shivaprakash Swamiyar including the cultivation and collection of the income from all the properties and the management of all the educational institutions run by the Mutt and the S.N.E. Society (R) pending disposal of the suit.
2. The parties are referred to as per their rankings before the trial Court.
3. The plaintiffs filed suit in OS No.103/2012 before the trial Court praying to declare that the plaintiffs and other members of the advisory committee constituted by Lingaikya Shri.Ma. Ni. Pra. Shivaprakash Swamiyar of Gurupur Jangama Mutt as per the terms of the Last Will and Testament dated 10.11.2011 duly executed alone are to nominate and appoint the successor Swamiyar from amongst the Veerashiva Community/sect to Jangama Samsthan Mutt, Gurupur and after following requisite formalities as per the long standing customs that prevailed in appointing such successor sanyasi/swamiyar.
4. The plaintiffs have further prayed by way of consequential relief to grant a decree of permanent prohibitory injunction restraining the defendants, their men, agents and any other persons claiming through or under them from appointing or nominating any person as successor Swamiyar to the Peetha of Jangama Samsthan Mutt, Gurupur, either by posing themselves as disciples of Sri. Jangama Samsthan Mutt, Gurupur or by constituting themselves as Veerashiva Community leaders and or Association members and by calling any meeting in the Mutt for the said purposes in derogation of and or contrary to the directions contained in the last registered Will and Testament dated 10.11.2011 executed by Lingaikya Shri. Ma. Ni. Pra. Shivaprakash Swamiyar and without obtaining prior consent and concurrence of the Advisory Committee members constituted in that regard by the Lingaikya Shri. Ma. Ni. Pra. Shivaprakash Swamiyar and also to prevent them from interfering with the management, administration and control by the Advisory Committee of Sri. Jangama Samsthan Mutt over all the moveable and immovable assets of Sri. Jangama Samsthan Mutt, Gurupur including the personal assets left behind by Lingaikya Shri.Ma. Ni. Pra. Shivaprakash Swamiyar including the cultivation and collection of the income from those properties and also the management of all the educational institutions run by the said Mutt and S.N.E. Society (R) and also by means of permanent mandatory injunction to direct the Advisory Committee members to take control of all the assets of Mutt including Jewellary, gold and silver ornaments other articles and assets belonging to the Mutt and its institutions, the personal assets of Lingaikya Shri. Ma. Ni. Pra. Shivaprakash Swamiyar and also all other valuable records of the properties of the Mutt and the Swamiyar after taking an inventory of the same and d
