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2025 DAILYLAW 76126 (KAR)

SRI B S CHANDRASHEKARA ADIGA v. H H SUGUNENDRA THEERTHA SWAMIER OF UDUPI SHRI PUTTIGE MUTT

WP/19179/2022 · 2025-11-20

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47983 WP No. 19179 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 19179 OF 2022 (GM-CPC) BETWEEN: 1. SRI B.S. CHANDRASHEKARA ADIGA AGED ABOUT 64 YEARS S/O LATE B SANJEEVA ADIGA UABCS LAYOUT BANASHANKARI 3RD STAGE BENGALURU - 560 085. 2. SRI S. RADHAKRISHNA JOISA AGED ABOUT 69 YEARS S/O LATE SUBRAYA JOISA SAI MADURA GOKUL APARTMENT CHIKKALLASANDRA BENGALURU - 560 061. 3. SRI RATHNAKARA AGED ABOUT 62 YEARS S/O LATE RAMAKRISHNA BHAGAVATH FF1, NO.45 SUMUKA COMFORTS 7TH MAIN NANDAKUMAR LAYOUT SUBRAMANYAPURA BENGALURU - 560 061. 4. SRI N.A. MAHESH ADIGA AGED ABOUT 46 YEARS S/O SRI N S ANANTHA PADMANABHA ADIGA NO.2207 SRI AMBA NILAYA 10TH MAIN 3RD BLOCK JAYANAGAR, BENGALURU - 560 011. 5. SRI N. GANAPATHI ADIGA AGED ABOUT 66 YEARS S/O LATE N SHIVARAMA ADIGA NO.1016 VAARUNI, 6TH CROSS ASHOK NAGAR, BENGALURU - 560 050. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47983 WP No. 19179 of 2022 6. SRI S. PRABHAKAR ADIGA S/O LATE S GOPALA ADIGA AGED ABOUT 60 YEARS RESIDING AT NO.A-18 VASWANI BELLI VISTA SEETARAMARAM PALYA WHITE FIELD, BENGALURU - 560 041. …PETITIONERS (BY SRI ABHINAV R, ADV.,) AND: 1. H.H. SUGUNENDRA THEERTHA SWAMIER OF UDUPI SHRI PUTTIGE MUTT SHRI ANANTHESWARA AND CHAMUNDESHWARI TEMPLES CAR STREET, UDUPI - 576 102. 2. SRI KRISHNA MUTT UDUPI, REP. BY IN PARYAR SWAMIYAR VIDHYADESHA THEERTHA SWAMI OF PALIMAR MUTT, UDUPI - 576 102. 3. H.H. SRI VISWESHA THEERTHA SWAMIJI SRI PEJAWAR MUTT, UDUPI - 576 101. 4. H.H. SRI VISWARPRASANNA THEETHA SWAMIER MATADIPATHI OF PEHAVARA MUTT AGED ABOUT 56 YEARS SHISHYA OF VISWESHA THEERTHA SWAMIEF CAR STREET, UDUPI - 576 101. 5. H.H. SRI VIDYASAGARA THEERTHA SWAMIJI KRIDHNAPUR MUTT, UDUPI - 576 101. 6. H.H. SRI VIDYASAGARA THEERTHA SWAMIJI KANIYOOR MUTT, UDUPI - 576 101. 7. H.H. SRI VIDYASAGARA THEERTHA SWAMIJI SODE VADIRAJ MUTT, UDUPI - 576 101. 8. STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER OFFICE NEAR INSPECTION BUNGLOW - 3 - HC-KAR NC: 2025:KHC:47983 WP No. 19179 of 2022 UDUPI-576101. 9. THE COMMISSIONER HINDU RELIGIOUS AND CHRITABLE ENDOWMENT DEPARTMENT OFFICE AT CHAMARAJPET BENGALURU - 560 018. …RESPONDENTS (BY SRI MANMOHAN P.N, ADV., FOR R-1; SRI PRASANNA V.R, ADV., FOR R-2; V/O DTD 31.10.2022, NOTICE TO R-3 TO R-7 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS DTD 26.07.2022 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT UDUPI IN OS.NO.75/2003 ON THE APPLICATION FILED BY THE PROPOSED IMPLEADING APPLICANTS TO COME ON RECORD UNDER ORDER XXII RULE 23 AND ORDER I RULE 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE VIDE ANNX-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Learned counsel for the petitioners has filed a memo seeking permission of this Court to withdraw the applications at Annexures - C and D which was filed under Order 1 Rule 10 of CPC in OS No.75/2003 pending before the Court of Principal Senior Civil Judge and CJM, Udupi. 2. The memo is taken on record. The same reads as follows:- - 4 - HC-KAR NC: 2025:KHC:47983 WP No. 19179 of 2022 "The petitioners have been advised to withdraw the application at Annexure - 'C' and Annexure - 'D' to the writ petition, reserving liberty to avail appropriate remedies in relation to their grievance in a manner known to law. The Memo may kindly be taken on record to meet the ends of justice." 3. Petitioners are permitted to withdraw the application at Annexures - C and D to this writ petition with liberty as prayed for. Since applications at Annexures - C and D itself are withdrawn, the present writ petition which is filed challenging the orders passed on the said applications by the Trial Court does not survive for consideration. Accordingly, writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 19