- (1.) Petitioner in W.P.No.49400/2019 happens to be the defendant and petitioner in W.P.No.49995/2019 happens to be the plaintiff in a declaration suit in O.S.No.25/2019, wherein the prayer column inter alia reads as under: a) to declare that the plaintiff is the Uttharadhikari/Successor of the temples existing in the schedule properties as per the Registered Will dated 08.01.2004. b) as a consequential relief to grant permanent injunction against the defendant, his family members, his servants, his agents or who-so-ever claims under him from interfering with possession, the day to day peaceful administration/management of the temple by this plaintiff and also restraining the defendant not to make nuisance destroying the spiritual and peaceful atmosphere of the suit schedule temple and its properties.
(2.) Both the writ petitions lay a challenge to the same order dated 18.09.2019, whereby the learned III Addl. District Judge, Kolar (Sitting at KGF) having favoured plaintiff K.V.Kumaris appeal in M.A.No.19/2019 has directed for the constitution of an Adhoc Managing Committee for administering and managing the temple in question; this Committee comprises of the Deputy Commissioner of Kolar District as its Chairman, and the Superintendent of Police, KGF, the Assistant Commissioner of Kolar Sub-Division and Tahsildar, KGF Taluka as its official Members; this apart, the Deputy Commissioner is authorized to nominate three eminent persons/scholars as private Members; broad guidelines as to how the Committee should administer and manage the temple are also laid down by the learned Judge.
(3.) Brief facts as pleaded by the rival parties: (i) one Sri Samba Shivamurthy Swamiji, a Hindu by religion having embraced sanyaasa and having constructed the suit temples was administering the same since more than three decades with the aid of the plaintiff as the Secretary, who too has been living as sanyaasini; for the better administration of the temples and their properties, the Swamiji had created a Trust by a registered instrument dated 19.03.2011; (ii) the said Swamiji during his administration having acquired huge properties dedicated the same for the benefit of the Diety- Sri Kotilingeshwara Swamy; the Swamiji by a registered Will dated 08.01.2004 inter alia provided for the appointment of plaintiff as the Uttaradhikari for the temple and its properties; the Swamiji passed away on 14.12.2018 and thus the plaintiff has been conducting the administration and management as provided in the subject Will; (iii) the petitioner-defendant resisted the suit by filing the Written Statement denying that the plaint averments inter alia contending that the temples and the properties are the family acquisitions, although all the trustees and devotees too have contributed in some measure; the Swamiji had created a Trust vide registered instrument dated 28.03.1998 itself naming it as Bhu Kailasa Sri Valmiki Ashrama, Kotilinga Trust for the benefit of depressed classes, minorities and rural society, the Swamiji was the Chairman, the defendant is the Vice- Chairman, Smt. V.Rukmini is the Secretary; the plaintiff and Smt.K.Anuradha are the Trustees; and, (iv) the 1996 Trust has been managing and administering the subject temples and the properties; the Trust Deed of 2011 inter alia on which the suit is founded is concocted by the plaintiff and so is the Will dated 08.01.2004; these documents could not have been executed by the Swamiji contrary to the principles of sanyaasa; the Swamiji had never embrased sanyaasa and much less renounced his family and worldly attachment; after his demise in December 2018 his family members have succeeded to the suit properties as the Estate of the deceased; alternatively a suit filed u/s.26 of CPC, 1908 is not maintainable in the absence of leave u/s.92.;