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2019 Supreme(Kar) 1626

B.V.NAGARATHNA
Narayan S/O Tippanna Sutar – Appellant
Versus
Laxmi Devasthan by Its Deity Shri Laxmi Claiming to Be Wahiwatdar Pujari Smt. Kamala W/o Appanna Sutar – Respondent


Advocates Appeared:
For the Petitioner:Sri. Shivaraj S.Balloli, Advocate for Sri Sachin S.Magadum, Advocate
For the Respondent:Sri. Ramesh N.Misale, Advocate

ORDER :

Though these writ petitions are listed for preliminary hearing ‘B’ group with the consent of learned counsel on both sides, they are heard finally.

2. The legality and correctness of the order dated 22.05.2012 passed on I.A.Nos.2 and 5 in O.S.No.212/2011, which is pending adjudication on the file of the IV Additional Civil Judge and J.M.F.C., Belgaum (Annexure-H) is questioned in these writ petitions.

3. I have heard learned counsel for petitioner and learned counsel for the caveators/respondent Nos.1 to 4 at length. Respondent Nos.5 to 10, 12, 17 and 19 are served and unrepresented. Respondent Nos.11, 13 to 16 and 18 are deleted from the array of parties and perused the material on record.

4. Respondent Nos.1 to 6 herein have filed O.S.No.212/2011 on the file of the Principal Civil Judge (Jr.Dn.), Belgaum, seeking the following prayers.

    “30. PRAYER:

HENCE, for these among the other reasons it is most humbly prayed that setting aside the contentions of the defendants if any, this Hon’ble Court may be pleased to pass a Decree:

(A) Declaring that the branches of plaintiff No.2 and 3 are the hereditary Archakas and wahiwatdars of the plaintiff No.1-Temple and entitled to perform the

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