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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 14120 OF 2024 (Arising out of SLP(Civil) No(s). 9337 of 2024)
SRI CHIDANANDASWAMY BALLARI SRI GURU BRISTAYYASWAMI, AVADOOTHMATH & ANR. .…APPELLANT(S)
VERSUS
SHADAKSHARAYYA ….RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard the learned senior counsel appearing for the parties and
have perused the material placed on record.
3. The present appellants are the original plaintiffs who filed the
suit1 against the respondent herein, seeking a declaration that
appellant No. 1(Math) is the owner of the scheduled properties2 and
appellant No. 2 (mathadhipathi) is entitled to manage the said
properties as a trustee of the Math. Besides the relief of declaration,
the appellants-plaintiffs also sought relief of permanent injunction
restraining the respondent from interfering with the peaceful 1 OS No. 37 of 1994 2 Sy No. 97/2 measuring 1.10 acres, Sy. No. 162/1 measuring 8.54 acres, and Sy. No. 161/2 measuring 5.39 acres at somlapura village.
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possession and enjoyment of the suit scheduled properties. The
respondent-defendant filed his written statement inter alia alleging
that he is the only successor of Chidananda Swamy3 in the light of the
Will executed by Chidananda Swamy in respondent-defendant’s
favour. The First Additional Senior C...