- 1 - HC-KAR NC: 2025:KHC:29994 WP No. 20989 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20989 OF 2025 (GM-CPC) BETWEEN: SRI ABHINAVA SHANKARA BHARATI SWAMI SHOWN AS (OS.NO.4300/25) SRI. DATTARAJ A DESHPANDE, @ MR. ABAHINAVA SHANKAR BHARATI, AGED ABOUT 40 YEARS, S/O SRI. VIDYASHANKARA, R/O KUDLI SRINGERI MAHASAMSTHANA, KUDLI VILLAGE, KUDLI POST, SHIVAMOGGA TALUK AND DISTRICT – 577 227. PRESENTLY CAMPED AT NO.100, SACHIDANANDA PRASADA, VANI VILASA ROAD, V.V.PURAM, BENGALURU – 560 004. WRONGLY SHOWN IN THE PLAINT TO BE, R/O NO.74, 1ST CROSS, 7TH MAIN, ASHOKA PILLAR, JAYANAGAR 2ND BLOCK, BENGALURU – 560 011. ALSO AT: KUDALI POST, KUDALI, SHIVAMOGGA – 577 227. …PETITIONER (BY SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI.KRISHNA S. VYAS, ADVOCATE) Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29994 WP No. 20989 of 2025 AND: HIS HOLINESS SRI. VIDYAABHINAYA VIDYARANYA BHARATHI SWAMIJI, AGED ABOUT 55 YEARS, PEETHAPATHI OF SRIMAD JAGADGURU SHANKARACHARYA, SRI KUDLI SRINGERI MAHASAMSTHANAM, KUDALI POST, KUDALI, SHIVAMOGGA – 577 227. …RESPONDENT (BY SRI KESHAV M.DATAR, ADVOCATE FOR CAVEAT/RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.4300/2025 PENDING ON THE FILE OF THE HONORABLE CITY CIVIL JUDGE AT BENGALURU (CCH-07) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this court seeking the following prayers: "a. Call for records in OS No.4300/2025, pending on the file of the Hon'ble City Civil Judge at Bengaluru (CCH-07). b. Issue a writ of certiorari or any other appropriate writ, order or direction in the nature of - 3 - HC-KAR NC: 2025:KHC:29994 WP No. 20989 of 2025 certiorari, quashing the ex parte interim order dated 20/06/2025 passed by the Hon'ble City Civil Judge at Bengaluru (CCH-07) in O.S.No.4300/2025, produced at Annexure–C, thereby allowing IA Nos.1 to 5 for ad-Interim Ex-parte Temporary Injunction, all under Order XXXIX Rule 1 and 2 of CPC, 1908 dated 19/06/25 vide Annexures-B to B4. c. Issue such other or further writ, order or direction as this Hon'ble Court may deem fit in the interests of justice and equity." 2. Heard the learned Senior Counsel Sri.Ashok Haranahalli appearing for the petitioner and Keshav M. Datar representing the respondent. The respondent is the plaintiff. The present petitioner is the defendant. 3. The learned Senior Counsel for the petitioner takes this Court through the documents appended to the petition to demonstrate that the present petitioner is annointed as uttaradikari by the plaintiff himself and notwithstanding the same, the concerned Court passes an order of temporary injunction which by itself appears to be mandatory in nature, without rendering any reasons as obtaining under Order XXXIX Page no.03 is retyped and replaced vide court order dated 19.08.2025 - 4 - HC-KAR NC: 2025:KHC:29994 WP No. 20989 of 2025 Rule 3 of the CPC. The order so passed by the concerned Court is as follows: "Perused the I.A. No.1 to 5 and documents produced by the plaintiff, considering the facts & circumstances of the case, I proceed to pass the following; ORDER The Defendant No.1, their agents, servants, henchmen or any one are here by restrained from using or representing, claiming himself in any manner whatsoever as 72 Peetadhipathi of Kudali Sringeri Mahasamsthanam till next date of hearing. The Defendant No.1 to 4, their agents, servants, henchmen or any one claiming under them are here by restrained from using the name of Kundali Shringeri Mahasamsthanam in any manner till next date of hearing. The Defendant No.1 to 4, their agents, servants, henchmen or any one claiming under them or acting under them are here by restrained from interfering with the day todayactivities in any manner whatsoever of the plaintiff and Kudali Sringeri Mahasamsthanam at its all branches situated all over India till next date of hearing." "Learned Advocate for plaintiff filed Application U/S.151 of CPC and prays to extend the time to comply the Provisions of Order 39 Rule 3 of CPC till 24.06.2025 as there is no services of post office due to temporary service interruption due to software update today. Heard. Satisfied with the grounds. Application is allowed. The plaintiff is permitted to comply the Provisions of Order 39 Rule 3 of CPC on 23.06.2025. Call on hearing date by 19.07.2025." - 5 - HC-KAR NC: 2025:KHC:29994 WP No. 20989 of 2025 4. A perusal at the aforesaid order would clearly indicate that there are no reasons recorded in writing. The Court only observes that comply the order as per Order XXXIX Rule 3 of CPC and passes an order of injunction restraining the petitioner or any person claiming that they are the peethadhipathi. In the light of the controversy between the petitioner and the Plaintiff and the fact that who has been anointed as the uttaradikari, the concerned Court ought to have adverted to the facts appropriately and passed a reasoned order. In the light of the said circumstance of the order being not in compliance with Order XXXIX Rule 3, allowing an application under Order XXXIX Rules 1 and 2, the order is rendered unsustainable and the unsustainability would lead to its obliteration. 5. Learned counsel for the petitioner and the respondent would in unison submit that the concerned Court be directed to decide the application under Order XXXIX Rules 1 and 2 afresh, within a time limit that would be fixed by this Court. Therefore, the concerned Court shall decide the Page No.05 is retyped and replaced vide court order dated 19.08.2025 - 6 - HC-KAR NC: 2025:KHC:29994 WP No. 20989 of 2025 application under Order XXXIX Rules 1 and 2 afresh within an outer limit of three weeks from the date of receipt of the copy of the order. 6. In the light of the order being contrary to the spirit and purport of Order XXXIX Rule 3, the same is set aside. However, status quo as obtaining today shall be maintained by the parties till the decision in the application under Order XXXIX Rules 1 and 2 of CPC, as is directed hereinabove. Ordered accordingly. It is made clear that this Court has not pronounced or considered the merit of the claim of the petitioner or the defendants. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 57