Case Note & Summary
This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessions Judge, Bangalore, dismissing Original Suit No. 8150 of 2002. The suit was filed by C.R. Hiremath (since deceased, represented by his legal heirs) and others seeking a declaration of ownership over a property situated in Kumara Park West, Bangalore, and to declare all transactions and dealings by the defendants in relation to the said property as illegal and non-existent in law. The property was originally allotted by the then Government of Mysore to His Holiness Jagadguru Urvakonda Karibasa Rajendra Swamy (referred to as Rajendra Swamy) vide an allotment letter dated 19 November 1952, and possession was delivered through a Possession Certificate dated 21 November 1952. A sale deed was later executed in favour of Rajendra Swamy on 29 October 1988. The plaintiffs claimed that the first plaintiff (C.R. Hiremath) was the younger brother of Rajendra Swamy, who had dedicated his life to social and spiritual work and had actively participated in the Karnataka Ekikarana Movement. According to the plaint, the property was allotted in recognition of his services. The plaintiffs alleged that Rajendra Swamy resided on the property until his death on 27 December 1991. The first plaintiff contended that he came to know about the allotment and the sale deed only on 12 August 2002, and that the original documents were in the possession of an advocate, Gangadhar Gurumath, who was allegedly hostile. The plaintiffs further alleged that after the Swamiji’s health declined, certain disciples, including Gangadhar Gurumath, took advantage and set up a litigation (O.S. No. 962 of 1991) to create disputes over the property. A receiver was appointed in that suit, and the plaintiff got himself impleaded as defendant No. 11. The plaintiffs sought to use the property for the public purpose for which it was allotted, with the first plaintiff’s daughter, Sadhana Hiremath, dedicating herself to this work. The defendants included Akkamahadevi Samaja (a society registered under the Societies Registration Act), its President, Anubhava Mantapa Trust, Sri Sri Sri Jagadguru Channa Basava Rajendra Swamigalu (the Peethadhipathi of Uravakonda), and the Deputy Commissioner, Andhra Pradesh Endowment Department. The trial court, after considering the pleadings and evidence, dismissed the suit. Aggrieved, the plaintiffs filed the present Regular First Appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908. Additionally, the Deputy Commissioner, Andhra Pradesh Endowment Department, filed Cross-Objection No. 39 of 2005 against the negative finding on Issue No. 12, and Akkamahadevi Samaja and others filed Cross-Objection No. 2 of 2006 against the negative findings on Issues 6 to 9 and 12. The cross-objectors challenged the trial court’s findings on certain issues to the extent they were decided against them. The appeal and cross-objections were reserved for judgment and came up for final disposal on 28 March 2014 before the High Court of Karnataka. However, as the judgment text provided does not include the court’s analysis and final decision, the specific reasoning and outcome of the appeal remain unavailable. The matter involves questions of ownership, validity of transactions concerning a property originally allotted to a religious head, and the claims of his legal heirs. The High Court was called upon to evaluate the correctness of the trial court’s dismissal and to address the cross-objections relating to particular issues framed in the suit.
Issue of Consideration
KAHC010593262005_1
