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KARNATAKA HIGH COURT
JAYANT BANERJI, J
RAGI BANGARAIAH, RAGI PAPAIAH, RAGI OBAIAH, B.OBAIAH, BANGARI BORAIAH, RADHAKRISHNAPPA, NAGABHUSHANA @ B.NAGABORAIAH, DODDA BORAIAH, RAGI PAPAIAH, KIVUDU BORAIAH, KURI BORAIAH, BANGARAIH, KRISHNAIAH, BANGARAIAH, KURI PAPAIAH, K.PAPAIAH – Appellant
Versus
B.BORAIAH, VENKATESH, BANGARAIAH, B.BORAIAH, B.RAGHU, B.S.BANGARAIAHA – Respondent
| Table of Content |
|---|
| 1. claim of worship rights without evidence. (Para 3 , 4 , 5) |
| 2. lack of documentary evidence affects prima facie rights. (Para 6 , 7 , 8 , 9) |
| 3. petition dismissed due to no compelling evidence. (Para 10) |
ORAL ORDER
2. This petition seeks to challenge an order dated
3. It appears that the plaintiffs/petitioners as well as others who were arrayed in the suit filed in OS.No.9/2019, in which, the plaintiffs claimed possession and custody of the impugned properties and money offered by the devotees as well as the pooja of goddess Kenchamba Devi whose temple was made in the Peralarhatty Village. The plaintiff No.5 claimed to be the archaka. A relief of permanent injunction has been sought against the defendants from obstructing or preventing or including the plaintiffs from worshipping the goddess Kenchamba Devi and from participating in Jatra functions and from taking income and expenditure statements of Kenchamba Devi temple office.
5. An application under Order 39 Rule 1 and 2 read with Section 151 of CPC was filed by the plaintiffs seeking a temporary injunction. The application was rejected on the ground that there were no documentary records filed by the plaintiffs to d
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