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2025 DAILYLAW 84933 (KAR)

SMT KADAWWA W/O APPAYYA (SMT.KADAWWA D/O SIDAGIREYYA KADADEVAR) v. ISHWARAYYA S/O GURUPADAYYA KADADEVAR

WP/102530/2024 · 2025-12-08

Anant Ramanath Hegde

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:17390 WP No. 102530 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.102530 OF 2024 (GM-CPC) BETWEEN: SMT. KADAWWA W/O. APPAYYA (SMT. KADAWWA D/O. SIDAGIREYYA KADADEVAR) AGE: 70 YEARS, OCC: PRIEST AND HOUSEHOLD, R/O. BANHATTI, DIST: BAGALKOT-587311. …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. ISHWARAYYA S/O. GURUPADAYYA KADADEVAR, AGE: 62 YEARS, OCC: TRACTOR LESSOR, R/O. BANHATTI, TAL: RABKHAVI-BANHATTI, DIST: BAGALKOT – 587311. 2. SIDDAYYA S/O. GURUPADAYYA KADADEVAR, AGE: 58 YEARS, OCC: TRACTOR WEAVER, R/O. BANHATTI, TAL: RABKHAVI-BANHATTI, DIST: BAGALKOT – 587311. 3. KADAYYA S/O. MADIVALAYYA KADADEVAR @ KULABYALI, AGE: 47 YEARS, OCC: PIGMY COLLECTOR, R/O. BANHATTI, TAL: RABKHAVI-BANHATTI, DIST: BAGALKOT – 587311. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17390 WP No. 102530 of 2024 4. MALEYYA S/O. MADIVALAYYA KADADEVAR @ KULABYALI, AGE: 47 YEARS, OCC: UNEMPLOYED, R/O. BANHATTI, TAL: RABKHAVI-BANHATTI, DIST: BAGALKOT – 587311. 5. IRAYYA S/O. BASAYYA KADADEVAR, AGE: 53 YEARS, OCC: PRIVATE, R/O. BANHATTI, TAL: RABKHAVI-BANHATTI, DIST: BAGALKOT – 587311. 6. BANHATTI DEVASTHANGAL VYAVASTAPAK TRUST COMMITTEE, REGISTERED TRUST, BANAHATTI, REPRESENTED BY CHAIRMAN, TRUST OFFICE, MANGALWAR PETH, BANAHATTI, BANHATTI, TAL: RABKHAVI-BANHATTI, DIST: BAGALKOT – 587311. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE JUDGMENT DATED 23/08/2023 PASSED IN MA NO.5006/2022 BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT SITTING AT JAMKHANDI VIDE ANNEXURE-F AND ORDER DATED 02.09.2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC- BANHATTI ON I.A.NO.I IN O.S.NO.207/2022 VIDE ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17390 WP No. 102530 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the orders dated 23.08.2023 in M.A.No.5006/2022 passed by I Additional District Judge, Bagalkot and 02.09.2022 passed on I.A.No.1 in O.S.No.207/2022 by the learned Senior Civil Judge, Banahatti, wherein, the petitioner's application i.e., I.A.No.1 seeking temporary injunction to restrain the defendants from obstructing the plaintiff in performing the Pooja rights is rejected. 2. Both Courts have concurrently held that the plaintiff will have a right to perform pooja once in 7 years. The last pooja rights allegedly accrued to the plaintiff in the year 2022. 3. Under these circumstances, this Court does not find any reason to interfere with the said order. 4. Hence, the following: - 4 - HC-KAR NC: 2025:KHC-D:17390 WP No. 102530 of 2024 ORDER i. The petition is dismissed. ii. In case if there is any obstruction to the plaintiff in the year 2029, then it is for the plaintiff to file necessary application to establish such right. If any such application is filed, the Trial Court shall decide the same after hearing the respondents. iii. It is made clear that this Court has not expressed anything on the merits of the plaintiff's claim. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT-MCK List No.: 1 Sl No.: 23