Dismissed

B K Sunil v. Prajapita Brahma Kumari Ishwariya

Karnataka HC3 Mar 2017WP/112867/2014

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition challenging an order permitting plaintiffs to access a property used for religious purposes, leaving the central question of ownership transfer for trial.

What did the court decide?

Leave was granted to trial court to grant access to petnrs and final questions left for trial.

B K Sunil Vs Prajapita Brahma Kumari Ishwariya — Property and Title | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^rd DAY OF MARCH 2017

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BEFORE

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THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

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Writ Petition No.112867 of 2014 (GM-CPC)

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Between:

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Sri. B. K. Sunil S/o Subhas Magaji, Age: 41 years, Occupation: Tailoring And Readymade Business, Resident of Vijay Nagar Extension, Hubballi, District : Dharwad.

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Smt. B.K. Ratnamala W/o Subhas Magaji, Age: 63 years, Occupation: Household Work, Resident of H.No.10, Sirsikar Building, Vijay Nagar, Extension, Hubballi, District: Dharwad.

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Smt. B.K. Sripad Shet S/o late Sheshagiri Shet, Age: 43 years, Occupation: Household Work, Resident of Plot No.88/2, Forest Colony, Behind Sub Jail, Hubballi, District: Dharwad.

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Smt. B.K. Surekha W/o Keshav Habib, Age: 43 years, Occupation: Tailoring, Resident of H.No.2, Dasara Apartment, Deshpande Nagar, Hubballi, District: Dharwad.

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Kumari B.K. Mahalaxmi D/o B.R.Madiwalar Age: 34 years, Occupation: Household work,

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Resident of C/o B.R.Madiwalar, H.No.404, Shivashakti Nilaya, Shanti Niketan, Sana College, Bhairidevarakoppa, Hubballi, District: Dharwad.

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Smt. B.K. Ushakiran D/o B.R. Madiwalar, Age: 34 years, Occupation: Household Work, Resident of C/o B.R.Madiwalar, H.No.404, Shivashakti Nilaya, Shanti Niketan, Sana College, Bhairidevarakoppa, Hubballi, District: Dharwad.

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Smt. B.K. Annapurna W/o B.R. Madiwalar, Age: 60 years, Occupation: Household Work, Resident of C/o B.R.Madiwalar, H.No.404, Shivashakti Nilaya, Shanti Niketan, Sana College, Bhairidevarakoppa, Hubballi, District: Dharwad.

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B.K. Bhimappa S/o Rudrappa Madiwalar, Age: 65 years, Occupation: Business, Resident of H.No.404, Shivashakti Nilaya, Shanti Niketan, Sana College, Bhairidevarakoppa, Hubballi, District: Dharwad.

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Kumari B.K. Shanta Nayak D/o Balakrishna Nayak, Age: 65 years, Occupation: Household Work, Resident of H.No.129, II Cross, Vijayanagar, Hubballi, District: Dharwad.

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Smt. Yellavva W/o Jagadish Barker, Age: 52 years, Occupation: Household Work,

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Resident of H.No.129, II Cross, Vijayanagar, Hubballi, District: Dharwad.

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Sri. B.K. Rohit S/o Asappa S Lamani, Age: 25 years, Occupation: College Student, Resident of H.No.100, Sirsikar Building, Vijayanagar Extension, Hubballi, District: Dharwad.

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Sri. B.K. R.S. Hiremath S/o Shivalingayya, Age: 72 years, Occupation: Retired, Resident of H.No.301, "E" Block, 3rd Floor, Madhura Apartment, Kusugal Road, Keshwapur, Hubballi, District: Dharwad. … Petitioners

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(By Shri Anant P Savadi, Advocate)

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And:

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Prajapita Brahma Kumari Ishwariya, Vishwa Vidyalaya Shanti Van, Talhati, Shirho, Rajasthan-307 501. Represented by Smt. B.K. Rajyogini, Brahmakumari Janaki Dadiji, Age: 96 years, Chief of Brahma Kumaris.

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Sri. D. Basavasraj Rajrushi, Age: 72 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Resident of Women’s College, J.C. Nagar, Hubballi, District: Dharwad.

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Kumari B.K. Nirmala Age: 56 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya,

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Vishwa Vidyala, Resident of Women"S College, J.C. Nagar, Hubballi, District: Dharwad.

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Kumari B.K. Nanda, Age: 48 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Resident of Women’s College, J.C. Nagar, Hubballi, District: Dharwad.

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Kumari B.K.Vijaya, Age: 55 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Resident of Women’s College, J.C. Nagar, Hubballi, District: Dharwad.

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Kumari B.K. Sharada, Age: 54 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Resident of Women’s College, J.C. Nagar, Hubballi, District: Dharwad.

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Kumari B.K. Jayanti D/o Laxmi Narayan Bhat, Age: 50 years, Occ: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Beside Durga Devi Temple, Maratha Colony, Dharwad.

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Kumari B.K.Laxmi D/o Yellappa Janadri, Age: 40 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Resident of Women’s College, J.C. Nagar, Hubballi, District: Dharwad.

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Sri.B.K. Anand adopted son of K Manjunat, Age: 45 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya,

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Vishwa Vidyala, Resident of Women’s College, J.C. Nagar, Hubballi, District: Dharwad.

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Kumari B.K.Vani D/o Ishwar N Hebsur, Age: 40 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Beside Durga Devi Temple, Maratha Colony, Dharwad.

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Sri. B.K. Annapurna D/o Siddappa Nayakar, Age: 58 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Women’s College, J.C. Nagar, Hubballi, District: Dharwad.

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Sri B.K.Maruti Punjali, Age: 31 years, Occupation: Social Work, Resident of H.No.63, Sadashivanagar, Old Hubballi, Hubballi, District: Dharwad.

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Sri. B.K. Vedha, Age: 32 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Resident of Women"S College, J.C. Nagar, Hubballi, District: Dharwad.

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Sri. B.K. Mruthunjaya, Age: 65 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Pandava Bhavan, Mount Abu, Rajasthan-307501.

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Smt. B.K. Rajyogini Brahmakumari Janaki Dadiji, Age: 96 years, Occupation: Social Work, Resident of Prajapita Brahmakumari Ishwariya, Vishwa Vidyala, Shanti Van, Talhati, Dist: Shirohi, Rajasthan-307 501.

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Sri B.K. Ramesh Shah S/o Nanalal Shah, Age: 80 years, Occupation: Chartered Accountant, Resident of World Renewal Spiritual Trust, Head Office, 121, Mahatma Gandhi Road, 1^st Floor, Agra Building, Above Bank of Baroda Fort, Mumbai-400 023. … Respondents

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(By Shri S.C.Jainar, Advocate for R-1 to R-11, R-13 to r-16, Notice to R-12 dispensed with vide Order dated 21.04.2016)

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This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by 1^st Additional District and Sessions Judge Dharwad in M.A.No.55/2013 dated 30^th day of April 2014 produced at Annexure-C.

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This writ petition coming on for preliminary hearing in ‘B’ group, this day, the court made the following:

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ORDER

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Heard the learned counsel for the petitioners.

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The petitioners are said to be the plaintiffs before the trial Court seeking a declaration that the sale deed under which defendant No.2 claims to have acquired the scheduled property is incorrect and it is acquired, in fact, in the name of respondent No.1 and the plaintiffs have been enjoying the property and utilizing it for religious and other purposes for over a decade.

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However, the premises was kept under lock and hence the trial Court had rightly directed that the lock be removed and the petitioners be permitted access to the property.

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Further, in an appeal against the order before the lower appellate Court, the same has been reversed and there was a categorical finding by the lower appellate Court which may be arrived at the full fledge trial and the case of the plaintiffs stands fore closed by virtue of such a finding, which are apparent from a reading of the impugned order and hence the present petition.

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It is contended that the petitioners cannot be prevented from using the premises as before till the adjudication of the matter before the trial Court. However, the admitted circumstance that there is a registered sale deed in favour of defendant No.2 is not denied. It is this prima facie finding on which the claim for injunction has been rejected by the lower appellate Court. Therefore, there is no warrant for interference.

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However, any findings by the lower appellate Court are only to be treated as a prima facie findings and do not attain

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finality as the parties are yet to tender evidence and it would seriously prejudice their case if the findings are to be taken as final findings.

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Therefore, it is made clear that the observations or findings of the lower appellate Court are not binding on the parties except for having considered the interim relief that was granted.

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The question that is central to the case of the plaintiffs as to whether there is oral transfer of ownership in favour of defendant No.2 is left open and would be subject matter of trial for adjudication.

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Accordingly, the petition is disposed of.

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Sd/JUDGE

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kmv

B K Sunil v. Prajapita Brahma Kumari Ishwariya

Case brief

What is this about?

What did the court decide?

B K Sunil v. Prajapita Brahma Kumari Ishwariya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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