- 1 - NC: 2025:KHC-D:2768 WP No. 107197 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107197 OF 2024 (GM-CPC) BETWEEN: SRI. DAMODAR S/O. PANDURANG BHAT, AGE: 69 YEARS, OCC: PRIEST, R/O. POST. SUNIKERI, KARWAR, DIST: UTTARA KANNADA-581305. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: SHREE VENKATESH DEV SUNIKERI, KARWAR, REPRESENTED BY ITS PRESIDENT, SRI GURUNATH R. PAI, AGE: 63 YEARS, MAIN ROAD, KODIBAG, KARWAR-581303. …RESPONDENT (BY SRI. S.V. YAJI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 17/09/2024 PASSED ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, KARWAR, UTTARA KANNADA IN M.A.NO.6/2024 VIDE ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2768 WP No. 107197 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. Issue a writ in the nature of certiorari quashing the order dated 17/09/2024 passed on the file of The Additional Senior Civil Judge, Karwar, Uttara Kannada in M.A.No.6/2024 vide Annexure-F in the interest of justice and equity. 2. Issue such other writ or give such other direction and pass such order as this Honble Court deems fit and proper in the facts and circumstances of the cases. 2. Petitioner had filed a suit in O.S.no.105/2024 seeking for the following reliefs: i. To restrain the defendant, its men, agents or anybody claiming through it from obstructing the plaintiff from perfmanance of pooja and viniyogas of lord Venkatesh at Sunkeri, Karwar, situated in suit schedule property in paryay for the year 2024-25 beginning from Ashadha Shukla Pratipad of Krodhi nam sanvastar. i.e., 06th July, 2024 and ending on Jeshtha Krishnapaksh Amawasya of Vishwavasu nam sanvastar and thereafter every paryay as per his turn, by granting permanent injunction. ii. Cost of this suit and any other reliefs which the Hon'ble Court deems fit to meet the ends of justice. 3. In the above said suit, an application under Order XXXIX Rule 1 and 2 of CPC had been filed seeking for the following reliefs : - 3 - NC: 2025:KHC-D:2768 WP No. 107197 of 2024 “For the reasons stated in the accompanying affidavit, it is most respectfully prayed that the Hon'ble Court may be pleased to restrain the defendant, its men, agents, labourers or anybody claiming through it from obstructing the plaintiff from performance of pooja and viniyogas of lord Venkatesh at Sunkeri Karwar, situated in suit schedule property in paryay of the year 2024-25 beginning from Ashadha Shukla Pratipad of Krodhi nam sanvastar. i.e., 06th July, 2024 and ending on Jeshtha Krishnapaksh Amawasya of Vishwavasu nam sanvastar or final disposal of the suit whichever is earlier, by granting ex-parte ad- interim temporary injunction in the interest of justice and equity.” 4. The trial Court initially considering the said application allowed the same and granted the injunction relief as sought for. The defendant preferred an appeal in M.A.No.6 of 2024, the Additional Senior Civil Judge and JMFC, Karwar, Uttara Kannada vide its order dated 17.09.2024 set aside the order passed by the trial Court and vacated the order of injunction on the ground that the defendant had appointed one other Archaka by name Sri Ananth Bhatt, who has been performing the ‘Pooja’ on account of the plaintiff himself having refused to perform ‘Pooja’ without the temple/defendant making payment of a sum of - 4 - NC: 2025:KHC-D:2768 WP No. 107197 of 2024 ₹15,000/- per month as also certain other amounts as claimed by the plaintiff in his letter dated 20.06.2022. In pursuance of the said letter dated 20.06.2022, the temple has passed a resolution on 22.06.2022 appointing another Archaka Sri Ananth Bhatt, who has been carrying on the said ‘Pooja’ of the temple. It is challenging the said order, the petitioner is before this Court. 5. The submission of Shri Jagadish Patil learned counsel for the petitioner/plaintiff is that the trial Court having taken into consideration the right of the petitioner in performing the ‘Pooja’ had rightly granted an order of injunction, which ought not to have been vacated by the 1st appellate Court. His further submission is that the plaintiff having been performing “Pooja’ for a long period of time, could not have been removed and another person appointed in his place. - 5 - NC: 2025:KHC-D:2768 WP No. 107197 of 2024 6. Shri S.V.Yaji, learned counsel appearing for the caveator/respondent/defendant would again reiterate that the plaintiff was voluntarily resigned from the post since the plaintiff had categorically indicated that without the payment of ₹15,000/- per month and certain other amounts, he could not perform the ‘Pooja’. 7. Heard learned counsel for the petitioner and respondent. Perused the papers. 8. The 1st appellate Court has rightly taken into consideration the letter dated 20.06.2022 of the plaintiff. The plaintiff himself having refused to perform ‘Pooja’ without the payments as indicated therein namely enhancement of monthly remuneration from Rs.10,000/- to Rs.15,000/- per month and certain other amounts. The offer to perform the ‘Pooja’ by the plaintiff is conditional upon the payment of the aforesaid monies. Thus, it is not that the plaintiff is willing to perform the - 6 - NC: 2025:KHC-D:2768 WP No. 107197 of 2024 ‘Pooja’ without the payments being made. In that view of the matter, the 1st appellate Court has rightly taken into consideration that the plaintiff is deemed to have voluntarily resigned from the post on non-payment of the amount demanded. I find no infirmity in the said order. The petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 3