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2026 DAILYLAW 6208 (KAR)

SRI.C.P. SATISH KUAMR v. SRI KANNYAKA PARAMESHWARI DEVASTANA SANGHA

WP/20931/2025 · 2026-03-24

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 20931 OF 2025 (GM-CPC) BETWEEN: 1. SRI.C.P. SATISH KUAMR, S/O C. N. PRASANNA KUMAR, AGED ABOUT 58 YEARS, BUSINESSMAN, DOOR No.769, THAIJASA, BEHIND S. K. P. TEMPLE ROAD, GANESH PET, DAVANGERE - 577001. 2. SRI. J. V. GOPALA KRISHNA, S/O LATE J. N. VENKATACHALAPATHY SETTY, AGED ABOUT 72 YEARS, BUSINESSMAN, DOOR No.3472, GOKULA, 2ND MAIN, 6TH CROSS, MCC EXTENTION, B BLOCK, DAVANGERE - 577005. 3. SRI. RAJENDRA KUMAR, S/O LATE K. VISHWANATH SETTY, AGED ABOUT 65 YEARS, DOOR No.3993/60/06, VAIBHOGHA, 21ST MAIN, KUVEMPU NAGARA, DAVANGERE - 577005. 4. SRI. S. R. HUCHARAYAPPA, S/O LATE RAMAPPA SHETRU, AGED ABOUT 72 YEARS, BUSINESSMAN, DOOR No.1785/29, 8TH MAIN, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 14TH CROSS, SIDDAVEERAPPA EXTENSION, DAVANAGERE. - 577004. 5. SRI. A. S. RAGHUNATH, S/O LATE A. SATYANARAYANA SETTY, AGED ABOUT 62 YEARS, BUSINESSMAN, DOOR No.508/1, 5TH MAIN, 6TH CROSS, NEAR RAM AND CO CIRCLE, P. J. EXTENSION, DAVANAGERE-577002. 6. SRI. SATISH KUMAR RATTIHALLI, S/O LATE KONDANDA RAMA SETTY, AGED ABOUT 57 YEARS, BUSINESSMAN, DOOR No.805/2, SRI LAKSHMI NIVAS, DEVANAG PET, DAVANGERE - 577001. 7. SRI. C. P. SHESHADRI PRASAD, S/O LATE PARAMESHWARA GUPTA, AGED ABOUT 62 YEARS, BUSINESSMAN, DOOR No.3792/13, 3RD MAIN, 5TH CROSS, S. S. LAYOUT, B BLOCK, DAVANGERE - 577004. …PETITIONERS (BY SRI SUNIL KUMAR N.P. ADVOCATE FOR SRI M.R. HIREMATHAD, ADVOCATE) AND: 1. SRI KANNYAKA PARAMESHWARI DEVASTANA SANGHA, REPRESENTED BY ITS WORKING PRESIDENT, SRI. R. L. PRABHAKHAR, S/O LATE LAKSHAMAN SETTY, AGED 64 YEARS, BUSINESSMAN, DOOR No. 571/8, SAPTHAGIRI COMPLEX, 6TH MAIN, CHURCH ROAD, - 3 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 P. J. EXTENSION, DAVANAGERE-577002. REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, 1959. 2. BY JOINT SECRETARY, SRI. RAVINDRA GUPTA, S/O LATE JANARDHANA SETTY, AGED ABOUT 67 YEARS, BUSINESSMAN, DOOR 116/28, BALAJI NILAYA, KIRUVADI LAYOUT, K. B. EXTENSION, DAVANAGERE -577002. 3. BY ITS TREASURER, P. S. PUTTU SRINIVAS, S/O LATE SATHYANARAYANA SETTY, AGED ABOUT 65 YEARS, BUSINESSMAN, DOOR No.2382/1, 10TH MAIN, 1ST CROSS, MCC 'A' BLOCK, DAVANAGERE-577005. 4. SRI. R. S. NARAYANASWAMY, S/ O LATE R. SUBRAMANYASETTY, AGED ABOUT 84 YEARS, HONORARY PRESIDENT, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.2640, CHANDRIKA, 3RD MAIN, MCC 'B' BLOCK, DAVANAGERE-577004. 5. SRI. R. G. NAGENDRAPRAKSH, S/O R. V. GOPALA KRISHNA SETTY, AGED ABOUT 74 YEARS, HONORARY PRESIDENT, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.2595/6, DEEPASRI, 3RD MAIN, 3RD CROSS, MCC 'A' BLOCK, DAVANAGERE.-577005. - 4 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 6. SRI. A. S SATYNARAYANA SWAMY, S/O LATE A. B. SHANKARANARAYANA SETTY, AGED ABOUT 62 YEARS, DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.149/1, SRI VASAVI, 3RD MAIN, P. J. EXTENSION, DAVANAGERE-577002. 7. SRI. L. V. NAGANARIDA, S/O VITTAL MURTHY, AGED 63 YEARS, DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, B. T. LAYOUT, K. R. ROAD, DAVANAGERE - 577002. 8. SRI. B. ADINARAYANA SETTY, S/O LATE RAMAKRISHNAPPA, AGED ABOUT 96 YEARS, DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.1553, 2ND CROSS, BEHIND DURGAMBIKA SCHOOL, JALINAGARA, DAVANAGERE -577004. 9. SRI. S. H. MALLESHA SETTY, S/O LATE HANUMANTHA SETTY, AGED ABOUT 90 YEARS, DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.422/2, SRI. RAM KRUPA, KUVEMPUROAD, K. B. EXTENSION, DAVANAGERE - 577002. 10. SRI K.N ANANTARAMA SETTY, AGED ABOUT 77 YEARS, DIRECTOR, S/O LATE K. NANJUNDA SETTY, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, - 5 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 DOOR No.160/1, NANJUNDESHWARA NILAYA, 3RD MAIN, VASAVI ROAD, P. J. EXTENSION, DAVANAGERE-577002. 11. SRI. R. G. SRINIVAS MURTHY, S/O LATE R. V. GOPALA KRISHNA SETTY, AGED ABOUT 65YERAS, CO OPT DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No. 1188, GOPIKANTA NILAYA, NEAR NATIONAL CONVENT, NIJALINGAPPA LAYOUT, DAVANAGERE - 577004. 12. SRI. M. NAGARAJ GUPTA, S/O LATE SUBBARAYA GUPTA, AGED ABOUT 77 YEARS, DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.500/2, 4TH MAIN, P. J. EXTENSION, DAVANAGERE-577002. 13. SRI. K. S. SATISH S/O LATE K. SURYANARAYANA SETTY, AGED ABOUT 56 YEARS, DIRECTOR SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.2577, SRINIDHI, 5TH MAIN, MCC A BLOCK, DAVANAGERE-577005. 14. SRI. M. S. SATYANARAYANA, S/O SRI. RANGAPPA SETTY, AGED ABOUT 67 YEARS, DIRECTOR SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, 1ST MAIN, 1ST CROSS, BEHIND SIBARA TEMPLE, KONDAJJI ROAD, DAVANAGERE - 577589. - 6 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 15. SRI. Y. NATARAJ S/O NARASIMHA GUPTA, AGED ABOUT 62 YEARS, DIRECTOR SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, 2ND MAIN, 5TH CROSS, NITTUVALLI NEW EXTENSION, DAVANAGERE - 577004. 16. SRI. B. P. NAGABHUSHANA, S/O B. R. PUTTALINGAIAH, AGED ABOUT 79 YEARS, DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.492/3, SRI. SAI PROVISION STORES, 4TH MAIN, NEAR RAM AND CO CIRCLE, P. J. EXTENSION, DAVANGERE- 577004. 17. SRI. VENKATACHALAPATY, S/O LATE K. ROSAIAH, AGED ABOUT 62 YEARS, DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.3371/27, 10TH CROSS, 3RD MAIN, VINOBANAGARA, DAVANGERE-577004. 18. SRI. MANJUNATH P. GUNDAL, S/O PARASHURAMA SETTY G. K., AGED ABOUT 62 YEARS, CO-OPT. DIRECTOR, SRI. KANNYAKA PARAMESHWARI DEVASTANA SANGHA, DOOR No.1890/23, LIC COLONY, VIDYANAGARA, DAVANAGERE-577005. 19. SRI. S. VASANTH KUMAR, S/O S. LAKSHMINARAYANA SETTY, AGED ABOUT 79 YEARS, BUSINESSMAN, DOOR No.420/7, KUVEMPU ROAD, K. B. EXTENSION, DAVANAGERE - 577002. - 7 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 20. SRI K.V. MANJUNATH,S S/O LATE KASAL VISHWNATHA SETTY, AGED ABOUT 62 YEARS, BUSINESSMAN, DOOR No.2886/1, 4TH MAIN, 4TH CROSS, MCC 'B' BLOCK, DAVANGERE - 577004. 21. SRI.T. VIJAYKUMAR, S/O SUBRAYAPPASHETTY, AGED ABOUT 61 YEARS, R/O 1ST MAIN, 8TH CROSS, VINOBANGARA, DAVANGERE-577005. 22. SRI.N.KASHINATH, S/O K. N. NAGESHAPPA, AGED ABOUT 56 YEARS, R/O No.660/2, SKP TEMPLE ROAD, DAVANGERE-577002. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26/07/2018 PASSED BY THE LEARNED II ADDL CIVIL JUDGE AND J.M.F.C. DAVANAGERE IN O.S. No. 256/2018 THE COPY OF THE SAME IS PRODUCED AND MARKED AS ANNEXURE-A TO THE WRIT PETITION AND CONSEQUENTLY BE PLEASED TO DISMISS THE I.A. No.13 FILED BY THE RESPONDENTS ABOVE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 8 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 ORAL ORDER Heard Sri N.P. Sunil Kumar, learned counsel appearing for Sri M.R. Hiremathad, learned counsel for the petitioners. 2. The present writ petition is filed challenging the order dated 26.07.2018 passed in O.S. No.256/2018 by the Principal Civil Judge, Davanagere [trial Court]. The suit was instituted seeking a declaration that the act of the defendants in causing obstruction to Sri Kannika Parameshwari Devasthana Sangha and its administrators in managing and looking after the affairs of the suit schedule properties is illegal and high-handed. 3. In the said suit, I.A. No.VI was filed by the defendants under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking to restrain the plaintiffs from conducting elections to Sri Kannika Parameshwari Devasthana Sangha scheduled to be held on 21.07.2018. The said application was considered by the trial Court on 26.07.2018. The trial Court, having found that the relief sought in the application had become infructuous, dismissed the application accordingly. - 9 - HC-KAR NC: 2026:KHC:16464 WP No. 20931 of 2025 4. In view of the very nature of the relief sought in the application, the only restraint prayed for was with respect to the conduct of elections scheduled on 21.07.2018. The rejection of the said application by the trial Court as having become infructuous is justified. The application no longer survives for consideration by the trial Court. This Court finds no infirmity in, and concurs with, the order passed by the trial Court. Accordingly, the writ petition stands rejected. Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 16