Sri Abhinava Shankara Bharati Swami v. His Holiness Sri Vidyaabhinaya Vidyaranya Bharathi Swamiji
Constitution of India – Article 227 – CPC, 1908 – Order XXXIX Rules 1 and 2 read with Order XXXIX Rule 3
Case brief
What is this about?
High Court of Karnataka, Bengaluru; Justice M.Nagaprasanna; WP No. 20989 of 2025 (GM-CPC); Article 227 writ; certiorari against ex parte interim injunction order dated 20/06/2025 in O.S.No.4300/2025, City Civil Judge Bengaluru (CCH-07); IA Nos.1 to 5 under Order XXXIX Rules 1 and 2 CPC quashed/set aside for absence of reasons contrary to Order XXXIX Rule 3; plaintiff's S.151 CPC application extending Order 39 Rule 3 compliance permitted on 23.06.2025; Kudali/Kundali Sringeri Mahasamsthanam; Peetadhipathi/uttaradikari anointment dispute between Abhinava Shankara Bharati Swami (defendant/petitioner) and Vidyaabhianaya Vidyaranya Bharathi Swamiji (plaintiff/respondent); advocates Ashok Haranahalli (Senior Counsel) and Keshav M. Datar; status quo to continue; fresh decision on injunction application ordered within three weeks; merits expressly left undecided.
What did the court decide?
Writ petition allowed: the ex parte interim injunction order dated 20/06/2025 passed in O.S.No.4300/2025 by the City Civil Judge, Bengaluru (CCH-07) is set aside for non-compliance with Order XXXIX Rule 3 CPC; parties to maintain status quo; trial court to decide the application under Order XXXIX Rules 1 and 2 CPC afresh within three weeks.