Karnataka HC Dismisses Petition By Mutt Head Seeking Appointment Of Commissioner To Record Evidence On Ground That He Is Unable To Attend Court Due To Daily Rituals In Mutt
The Karnataka High Court has recently upheld an Order of the Trial Court whereby a Mutt Head of Kadri Shri Jogi Mutt (Yogishwara Mutt) was asked to attend the Court proceedings and get his evidence recorded after completing his daily rituals in the mutt.
The petition before the High Court was filed under Article 227 with a prayer to quash an order of the Additional Civil Judge dismissing the Interlocutory Application filed by the petitioner under Order XXVI Rule 1 read with Section 151 of CPC seeking appointment of a Commissioner for recording evidence.
The Single-Judge Bench of Justice R. Natraj held, “The reasoning of the Trial Court that the defendant No.1 can approach the Court during working hours after he completes his daily religious activities in the mutt is just and proper."
Advocate Rajashekar S represented the petitioner.
The defendant in this case had filed a petition challenging an order by which his application under Order XXVI Rule 1 read with Section 151 of CPC to appoint a Commissioner to record evidence was rejected.
The suit was filed for a declaration that Kadri Shri Jogi Mutt (Yogishwara Mutt), Mangaluru belongs to the Jogi community. Defendant No.1 contested the suit and claimed that the plaintiff had malversed the mutt and had attempted to convert Shaiva temple into a Viashnava temple. When the case was set down for evidence of the defendants, the first defendant filed an application to appoint a Commissioner on the ground that the first defendant is a Matadhipathi of Kadri Shri Jogi Mutt (Yogishwara Mutt) and that he has to perform daily rituals in the mutt. It was his case that he was unable to attend the Court to lead evidence. He also contended that his ill-health was not permitting him to attend the Court.
The Trial Court rejected the application in terms of the impugned order on the ground that the defendant can attend the Court after completing his daily rituals in the mutt. It also held that the first defendant did not produce any material to establish that he was suffering from any ill-health which did not permit him to attend the Court proceedings. Being aggrieved thereby, the defendant approached the High Court.
At the outset, the Bench noted that the cause-title of the writ petition disclosed that the first defendant is a 48 years old man and except claiming that he has to perform religious activities in the mutt and that he is suffering from ill-health, he had not cited any reason for not attending the proceeding before the Court.
Dismissing the petition, the Bench further ordered, “The Trial Court is directed to record the evidence of the defendant No.1 if not on 22.10.2024 which is the scheduled date of hearing or on the next date of hearing without fail.”
Cause Title: Raja Yogi Nirmalnathji Maharaj and Kadri Jogi (Yogishwar) Mutt & others [Neutral Citation: 2024:KHC:42135]
Appearance:
Petitioner: Advocate Rajashekar S