9911796707
TMI Blog1972 (12) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... eeded to the jagir on the death of his father Narayanrao in 1943. It appears that in 1919 the said Narayanrao assigned Survey No. 8 of Ichalkaranji village to the family deity, Vyankatesh Dev and other deities established in his Wada, i.e., in his residence. Entries relating to such assignment were duly made in the revenue records of the village then maintained by the jagir. Similarly, Narayanrao assigned Survey Nos. 106, 107, 108 and 135 of Bhadwandi to Narayan Dev, another temple in Ichalkaranji village. THEse survey numbers were thereupon entered in the said revenue records as having been so assigned to the said deity. In 1943, when respondent 1 succeeded his father to the jagir, he was a minor. The Kolhapur State, therefore, took over t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the private deities of respondent 1. It was the case of respondent 1 that ever since 1949 the Government had been paying to the pujari of Vyankatesh Dev certain amounts from time to time out of the income of the lands in dispute. On August 7, 1953, the Collector passed an order sanctioning the payment of arrears and continuance of future payment to the said pujari. Similar payments on behalf of Narayan Dev temple were also made from time to time to respondent 1 from out of the income of the survey numbers assigned to that deity. On August 15, 1960, respondent 1 dedicated the Narayan Dev Temple to the public. He also got prepared a scheme for the management of that temple and had the said trust registered as a public trust. The Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar collected by the Government. The two special civil applications reached hearing on February 8, 1965. As the appellants had not by then filed their affidavit-in-reply, they were adjourned at their instance for three weeks. The writ petitions again appeared on board on March 2, 1965. The appellant once again applied for and obtained a week's adjournment to enable them to file their counter affidavit. The writ petitions again came up for hearing on April 27, 1965 and once again at the instance of the appellants they were put off to enable them to file their affidavit. The result was that they had to be adjourned beyond the summer vacation. On June 29, 1965, the Government cancelled the said notification by which the two temples ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umed until July 13, 1965. On July 13, 1965, the appellants sought to tender their reply affidavit. That request was turned down and the Court had finally to decide the special civil applications without there being any reply to them on behalf of the appellants. ON that day the learned Advocate-General appeared before the Court and sought to raise certain technical points. These were rejected as being without any merit. He also applied that respondent 1 should be made to appear before the Court as a witness to enable the appellants to crossexamine him. No such notice having been previously given to respondent 1, he was not expected to and was in fact not present in Court. The High Court rejected that application also on the ground of inor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reopening of the High Court.Even when the special civil applications ultimately reached hearing on June 29, 1965, the counter-affidavit was not ready and was not filed. Indeed, counsel for the appellants was not even present when the special civil applications reached hearing and the hearing commenced. In these circumstances the High Court cannot be blamed when it rejected a fresh attempt to have the matters adjourned to enable the appellants to file an affidavit. The High Court also cannot be blamed for refusing to accept the affidavit on July 13th, 1965, on the ground of inordinate delay. If, on that ground the High Court refused in its discretion to permit the affidavit to be filed, it is impossible to say that that discretion was exerci ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
