Sri Chandramouleshwara Shivacharya Swamigalu vs Sri Durgamba Educational Trust (R)

-1- NC: 2024:KHC:52574-DB WA No. 614 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF DECEMBER, 2024

PRESENT

THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT APPEAL No. 614 OF 2024 (LR)

BETWEEN:

1. SRI CHANDRAMOULESHWARA SHIVACHARYA SWAMIGALU MATADHIPATHI OF SRI RAMALINGESHWARA MUTT, HARANAHALLI, SHIVAMOGGA TALUK AND DISTRICT NOW CAMP AT No. 92/10, 12TH C MAIN, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560010. ...APPELLANT (BY SRI H. R. VISHWANATH., ADVOCATE) Digitally signed AND: by VALLI MARIMUTHU 1. SRI DURGAMBA EDUCATIONAL TRUST (R)., Location: High REPRESENTED BY ITS Court of MANAGING TRUSTEE Karnataka SMT. SHANTHA DURGADEVI, MARALENAHALLI - SIRA ROAD, TUMAKURU - 572106.

2. SRI SRIDEVI CHARITABLE TRUST (R)., REPRESENTED BY ITS MANAGING TRUSTEE SRI M.R. HULINAYKAR, "SHIVADEEPTI", 3RD CROSS, S. S. PURAM, TUMAKURU - 572102. -2- NC: 2024:KHC:52574-DB WA No. 614 of 2024

3. SRI RAMANA MAHARSHI EDUCATIONAL TRUST (R)., REPRESENTED BY ITS MANAGING TRUSTEE, SRI RAMAN, M. H. SIRA ROAD, TUMAKURU - 572106.

4. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560001.

5. THE LAND TRIBUNAL, BENGALURU NORTH TALUK (ADDL.,) BENGALURU.

6. THE SPECIAL TAHSILDAR, BENGALURU NORTH (ADDL.) TALUK, YELAHANKA, BENGALURU - 560064.

SMT HUCHAMMA @ PADMAVATHAMMA, SINCE DECEASED BY HER LRS

7. SMT. RAMA, W/O VASUDEVAN, D/O LATE RATHNAMMA, AGED ABOUT 60 YEARS, R/O No. 1562, 2ND CROSS, SUGAPPA LAYOUT, YELAHANKA, BENGALURU - 560064.

8. SMT. UMA, W/O SRINATH, D/O LATE RATHNAMMA, AGED ABOUT 60 YEARS, R/O No.43, RAILWAY COLONY, RMV EXTENSION, 2ND STAGE, BENGALURU.

9. SMT. GEETHAMMA, W/O K. N. GOPALAKRISHNA, D/O LATE HUCHAMMA @ PARVATHAMMA AGED ABOUT 61 YEARS, -3- NC: 2024:KHC:52574-DB WA No. 614 of 2024

R/O THINDLU MAIN ROAD, INSTITUTE OF COMMERCE, SAHAKARANAGARA POST, KODIGEHALLI, BENGALURU - 560092.

10. SMT. REKHA, W/O RAMESH, AGED ABOUT 58 YEARS, R/AT THINDLU MAIN ROAD, INSTITUTE OF COMMERCE, SAHAKARANAGARA POST, KODIGEHALLI, BENGALURU - 560092.

11. SMT. SHOBHA, W/O NARSIMHAMURTHY, AGED ABOUT 56 YEARS, R/AT THINDLU MAIN ROAD, INSTITUTE OF COMMERCE, SAHAKARANAGARA POST, KODIGEHALLI, BENGALURU - 560092.

12. G. MOHAN, S/O K. N. GOPALAKRISHNA, AGED ABOUT 55 YEARS, R/AT THINDLU MAIN ROAD, INSTITUTE OF COMMERCE, SAHAKARANAGARA POST, KODIGEHALLI, BENGALURU - 560092.

SRI R. VENKATARAMAIAH, SINCE DECEASED BY HIS LR'S

13. SMT. VENKATALAKSHMAMMA @ RAJALAKSHMAMMA, W/O LATE R. VENAKTARAMAIAH, AGED ABOUT 62 YEARS, R/AT No. 115, NEAR SRI VENUGOPALA SWAMY TEMPLE, BESTHARA STREET, YELAHANKA, BENGALURU - 560064. -4- NC: 2024:KHC:52574-DB WA No. 614 of 2024

14. SRI V. V. VINAYAKA, S/O LATE R. VENAKTARAMAIAH, AGED ABOUT 59 YEARS, R/AT No.115, NEAR SRI VENUGOPALA SWAMY TEMPLE, BESTHARA STREET, YELAHANKA, BENGALURU - 560064.

15. SMT. V. SHANTHALA, D/O LATE R. VENKATARAMAIAH, AGED ABOUT 58 YEARS, W/O R. VASUDEV, R/AT No. 107-F, 29TH A CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU - 560082.

16. SMT. V. SURYAKALA, D/O LATE R. VENKATARAMAIAH, AGED ABOUT 56 YEARS, W/O Y. V. RAVINDRA, R/O No.58, FORT STREET, YELAHANKA, BENGALURU - 560064.

H. BYLAPPA, SINCE DEAD BY LRS,

17. B. RAMACHANDRAPPA, S/O LATE H. BYLAPPA, AGED ABOUT 53 YEARS, R/O SUBEDHARPALYA, JARAKABANDEKAVAL, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560064.

18. SMT. B. SHESHAMMA, D/O H. BYLAPPA, AGED ABOUT 51 YEARS, R/O No. 348, 7TH CROSS, ATTUR LAYOUT, BENGALURU - 560064. -5- NC: 2024:KHC:52574-DB WA No. 614 of 2024

19. SMT. VASANTHA, D/O LATE BYLAPPA, AGED ABOUT 43 YEARS, R/O T. DASARAHALLI, YESHWANTHPURA HOBLI, BENGALURU - 560058.

20. SRI S. B. BALAJI, S/O LATE H. BYLAPPA, AGED ABOUT 43 YEARS, R/O SUBEDHARPALYA, JARAKABANDEKAVAL, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560064.

21. S.B. HANUMANTHARAYAPPA, S/O LATE H. BYLAPPA, AGED ABOUT 42 YEARS, R/O SUBEDHARPALYA, JARAKABANDEKAVAL, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560064.

22. SRI SHA BRA VISHWARADHYA SAHIVACHARYA SWAMIGALU MATHADIPATHI OF SRI RAMALINGESHWARA MUTT, SITUATED AT HARANAHALLI VILLAGE, SHIVAMOGGA TALUK AND DISTRICT. ...RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R4 TO R6; SRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE A/W SRI SHIVRAM BHAT, ADVOCATE FOR SRI M.A. SUBRAMANI, ADVOCATE FOR C/R No.7, 8 & 10 TO 16)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 01.02.2024 IN WP No-5993/2020(LR) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND ALLOW THE IMPLEADING APPLICATION FILED BY THE APPELLANT HEREIN IN WP No-5993/2020(LR) IN THE INTEREST OF JUSTICE. -6- NC: 2024:KHC:52574-DB WA No. 614 of 2024

THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)

Heard learned advocate Mr. H.R. Vishwanath for the

appellant, learned Government Advocate Mr. K.S. Harish for

respondent Nos.4 to 6 and learned Senior Advocate

Mr. Jayakumar S. Patil along with learned advocate Mr. Shivaram

Bhat for learned advocate Mr. M.A. Subramani for caveator-

respondent Nos.7, 8 and 10 to 16.

2. This intra Court appeal under Section 4 of the Karnataka

High Court Act, 1961, against the order of learned Single Judge in

Writ Petition No.5993 of 2020 dated 01.02.2024.

3. The appellant was impleading applicant in Writ Petition

No.5993 of 2020 in I.A.No.1 of 2023. The averments in the

pleadings involve many factual aspects. Those factual aspects

need not be recorded given the limited scope that can be

entertained in the present appeal.

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4. The appellant Sri Chandramouleshwara Shivacharya

Swamigalu, filed an application for impleadment in the writ petition

claiming rights in the property bearing Sy.Nos.60, 61, 62, 63, 64,

65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and 76, measuring 270

Acres and 6 guntas, situated at Jarakabande Kaval, Yelahanka,

Bangalore.

5. The impleading application was opposed inter alia

contending that Sri Chandramouleshwara Shivacharya Swamigalu

died on 28.09.2014 and placed death certificate along with the

objections.

6. Learned Single Judge considered the finding recorded by

this Court in M.F.A. No.4436 of 2021 which in turn based on the

enquiry reports submitted by the Superintendent of Police,

Shivamogga, wherein the death of Sri Chandramouleshwara

Shivacharya Swamigalu was confirmed and death certificate was

issued.

7. Learned Single Judge after noticing the fact that the finding

in M.F.A. No.4436 of 2021 was suppressed in the impleading

application, dismissed the application for impledement. -8-

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8. The present appeal being aggrieved by such dismissal along

with various other grounds touching upon the merits of the dispute.

9. Learned advocate Mr. H.R. Vishwanath appearing for the

appellant submits that Sri Chandramouleshwara Shivacharya

Swamigalu that is the appellant died on 28.09.2014 is based on a

fake death certificate. The appellant is very much alive. It is

further submitted that the rejection of the impleading application

has resulted in depriving the appellant of the right to defend his

right in the properties, which is the subject matter of the writ

petition.

10. Learned advocate would further submit that the submission

was made before learned Single Judge for recusal due to conflict of

interest however, the same has been incorrectly rejected.

11. Learned Additional Government Advocate appearing for

respondent Nos.4 to 6 submits that the appellant died way back on

28.09.2014. The competent authority has issues the death

certificate. The Superintendent of Police has conducted an enquiry

and has reported the death of Sri Chandramouleshwara

Shivacharya Swamigalu. As per the report date of death is -9- NC: 2024:KHC:52574-DB WA No. 614 of 2024

28.09.2014. It is further submitted that the criminal proceedings in

Crime No.150 of 2018 of Upparpet Police Station are initiated for

impersonation. The matter is pending trial in CC.No.1873 of 2020.

Learned Additional Government Advocate further submits that the

impleading application having been rejected by learned Single

Judge, the grievance if any, from the order impugned is only to the

extent of correctness or otherwise of rejection of the impleading

application and cannot travel on the merits.

12. Learned Government Advocate further submits that the very

order was challenged by other parties in the writ petition before this

Court in Writ Appeal No.356/2024. This Court by order dated

21.03.2024 has rejected the writ appeal being devoid of merits,

thus confirm the order of the Learned Single judge.

13. learned Senior Advocate Mr. Jayakumar S. Patil along with

learned advocate Mr. Shivaram Bhat for learned advocate

Mr. M.A. Subramani for caveator-respondent Nos.7, 8 and 10 to

16, supports the impugned order and submits by reiterating that the

appellant died in 2014 and that the appellant before the Court is not

genuine.

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14. Considered the submissions of learned advocates for the

parties and perused writ appeal papers.

15. The appellant filed I.A.No.1 of 2023 in Writ Petition No.5993

of 2020 for impleadment, claiming right, title, and interest in the

subject property. In the application, the appellant asserts that the

death of Sri Chandramouleshwara Shivacharya Swamigalu is

based on false claims and a fake death certificate. However, this

was considered by this Court in M.F.A. No.4436 of 2021.

16. In that appeal, this Court, in response to a complaint of

impersonation, directed an enquiry by the Superintendent of Police,

Shivamogga. The enquiry concluded that the appellant died on

28.09.2014. Additionally, it was recorded that criminal proceedings

were initiated under Crime No.150 of 2018 for impersonation and

the case is currently pending trial in CC.No.1873 of 2020.

17. The relevant paragraphs from M.F.A. No.4436 of 2021 are

extracted below for ready reference:

"3. The order dated 21.11.2022 shows that since death of claimant No.7 was disputed, the Superintendent of Police, Shivamogga District was directed to hold an enquiry and submit report. Further, learned counsel for claimant No.7 was also directed to keep him present before the Court.

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4. The records show that on 30.11.2022, one person appeared and claimed himself to be claimant No.7. At that time, the report of the Superintendent of Police, Shivamogga was not yet received. Still this Court observed that the age of the person present before the Court and age of claimant No.7 as noted in the records did not match.

5. Now the report of the Superintendent of Police, Shivamogga is received stating that claimant No.7 died on 28.09.2014. The death certificate to that effect is also produced.

6. Learned counsel for respondent Nos.1 and 2 has produced the copy of the charge sheet in Cr.No.150/2018 of Upparpet Police Station to the effect that accused Nos.1 and 2 impersonating claimant No.7 committed pending in C.C.No.1873/2020. Accused No.2 is the counsel for the appellant herein.

7. At this stage, learned counsel for the appellant submits that he does not want to argue the matter before this Court and seeks permission to withdraw the appeal. He files memo to that effect. Such submission of the learned counsel indirectly imputes distrust to the Court which shall be deprecated.

8. The aforesaid circumstances show that the matter involves serious allegation of misconduct against the counsel for the appellant. Therefore, the matter is referred to the Karnataka State Bar council for enquiry.

The appeal is dismissed as withdrawn.

The Registrar General shall forward the copies of the report of the Superintendent of Police, Shivamogga, charge sheet in Crime No.150/2018

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pending in C.C.No.1873/2020, the copy of the order of this Court dated 21.11.2022 and copy of this order to the Karnataka State Bar Council for the needful."

18. Learned Single Judge in course of the hearing has

considered the finding recorded in M.F.A. to examine the

genuineness in the application.

19. As observed in the order of the learned Single Judge, the

application for impleadment was submitted at the fag end of the

conclusion of hearing in batch of writ petitions. The order notes

that the counsel for the appellant was directed to address the

findings in M.F.A. No.4436 of 2021. However, the counsel did not

dispute the findings in the appeal. Instead, the immediate response

from the appellant's advocate before the learned Single Judge was

a request for recusal. This request for recusal has been carefully

examined and addressed with well-founded reasons.

20. The learned advocate for the appellant has attempted to

argue that the application for impleadment was rejected by the

learned Single Judge due to a conflict of interest. However, this

submission is made without any supporting evidence or material

before the Court. It appears that the submission is a tactical move

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aimed at delaying the proceedings. This Court strongly condemns

such attempts and submissions made by the litigant and his

counsel. It is the requirement at the least expected that when a

learned advocate make submission before the court of law, equally

should be equipped with the necessary material evidence.

Submissions of this nature, can only be termed as abuse of the

judicial process require immediate attention and careful

consideration.

21. The entire process of filing this appeal amounts to an

abuse of the legal process. While several submissions have been

made regarding the correctness of the findings on the death of

Sri Chandramouleshwara Shivacharya Swamigalu, it is significant

that the grounds raised in the writ appeal do not address this issue.

It should be noted that similar attempts were made in M.F.A.

No.4436 of 2021. These repeated attempts are deliberate and

constitute an abuse of the legal process. In this case, mere

dismissal of the writ appeal is not adequate. The appellant should

be made to bear the costs for such illegal actions.

22. The finding of the learned Single Judge is based on the

conclusion reached by this Court in M.F.A. No.4436 of 2021. No

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contrary evidence has been presented either before the learned

Single Judge or in this appeal. There are no grounds provided to

challenge the genuineness of the appellant as recorded by the

learned Single Judge and in M.F.A. No.4436 of 2021.

23. The present appeal cannot be entertained for another

reason. The very impugned order in Writ Petition No.5993 of 2020

was also the subject matter of Writ Appeal No.356 of 2024. This

Court, by order dated 21.03.2024, has rejected the appeal, even

though it was filed by other parties to the writ petition. In view of the

above, the following:

ORDER

(i) The writ petition is dismissed.

(ii) The appellant is imposed cost of Rs.50,000/- to be paid to the Karnataka Legal Services Authority. The cost shall be deposited within four weeks.

(iii) If the cost is not deposited within the stipulated time, it shall be recovered as arrears of land revenue. The Registry is directed to place this matter before the Court if the cost is not deposited within the specified period for further action.

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(iv) This appeal has been filed with a delay of 31 days.

The averments in the affidavit accompanying the application for condonation of delay are general in nature. However, in light of the dismissal of the appeal, the application follows the same consequence. Accordingly, the application is dismissed.

(v) The impugned order records the registration of a criminal case in Crime No.150 of 2018, which is pending trial in CC No.1873 of 2023. Given the conduct of the appellant, who has repeatedly attempted to abuse the process of law, it is deemed appropriate, just and proper to direct the Court seized of the matter in CC No.1873 of 2023 to conclude the trial as expeditiously as possible, but no later than six months from the date of service of this order.

In the light of the aforementioned order, I.A.No.2 of 2024 for

grant of permission to prosecute the appeal would not survive for

consideration. Accordingly, rejected.

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In view of dismissal of the appeal, the interlocutory

applications if any, would not survive and they stand accordingly

disposed of.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

DDU/List No.: 1 Sl No.: 7