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2017 Supreme(Kar) 880

VINEET KOTHARI
Raghavendra Swamy Mutt, Rep. by its Peetadhipathi – Appellant
Versus
Uttaradi Mutt, Rep. by its Peetadhipathi – Respondent


Advocate Appeared:
For the Appellant :K. Suman, Phaniraj Kashyap, Advocates
For the Respondent:Jayavittal Rao Kolar, Sr. Counsel, Harish Desai, Advocate

JUDGMENT :

1. The long litigative battle between the religious sects-plaintiff/respondent-Sri Uttradi Mutt (UM) and defendant/appellant-Sri Raghavendra Swamy Mutt (RSM) involved in the present Regular Second Appeal (RSA) was taken up for hearing for expeditious disposal under the directions of the Hon'ble Supreme Court. The appeal was admitted on 13.04.2016 and following substantial questions of law were framed by coordinate bench for consideration:

(i) "Whether the lower appellate court is justified in setting aside the judgment and decree passed by the trial Court without taking into consideration the relevant materials?

(ii) The lower appellate court, having held that the defendant-Mutt is entitled to perform Aradhanas and Pooja of Vrindavanas in the suit schedule property, justified in restraining the defendant by way of perpetual injunction from interfering with the suit schedule property?

(iii) Whether the lower appellate court committed an error of law in having framed point No.1 for consideration without taking into consideration the fact that the issue relating to performance of Aradhanas in the Nava Vrindavanas is inter-linked with the issue of lawful possession of the plaint















































































































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