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2013 Supreme(Kar) 702

B.V.PINTO
Sadhashivayya – Appellant
Versus
Vardhaman Dhurgaprasad Shetty – Respondent


Advocates Appeared:
For the Appearing Parties:S.M. Chandrashekar, Senior Counsel for S.B. Mathapati, Jayakumar S. Patil, Senior Counsel for P. Karunakara, Advocates.

Judgment :

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




















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