CAV JUDGMENT

This Regular Second Appeal is filed by the defendant challenging the judgment and decree dated 05^th August, 2006 passed in Regular Appeal No.11 of 2003 on the file of the Additional Civil Judge (Sr.Dn.), Hospet (for short, herein referred to as ‘First Appellate Court’), dismissing the appeal and confirming the judgment and decree dated 16^th January, 2003 passed in Original Suit No.15 of 1998 on the file of the Additional Civil Judge (Jr.Dn.) and JMFC., Hospet (for short, hereinafter referred to as ‘Trial Court’), wherein the suit filed by the plaintiff came to be decreed.

2. For the sake of convenience, the parties in this appeal shall be referred to in terms their ranking before the Trial Court.

FACTS OF THE CASE

3. The facts of the case in nutshell as averred in the plaint are that the plaintiff-Sri. Uttaradi Mutt (for short, hereinafter referred to as ‘Plaintiff-Mutt’) had filed Original Suit No.15 of 1998 before the Trial Court against the defendant-Sri. Raghavendra Swamy Mutt (for short, hereinafter referred to as ‘defendant-Mutt’), seeking relief of permanent injunction, restraining the defendant-Mutt from disturbing the performance of ‘Aradhana’ of Sri. Narahariteer