Karnataka High Court has rejected a petition from the head of a mutt who wanted a commissioner appointed to gather evidence because he cannot go to court due to his daily rituals.
The Karnataka High Court has recently supported a Trial Court decision requiring the Head of Kadri Shri Jogi Mutt (Yogishwara Mutt) to attend court and provide his testimony after finishing his daily rituals. The High Court reviewed a petition filed under Article 227, which sought to overturn an order from the Additional Civil Judge that dismissed the petitioner’s request to appoint a Commissioner for evidence recording. Justice R. Natraj, in a Single-Judge Bench, stated that the Trial Court’s reasoning was fair, allowing the defendant to approach the court after completing his religious duties.
In this case, the defendant challenged the rejection of his application to appoint a Commissioner for evidence recording. The lawsuit aimed to declare that Kadri Shri Jogi Mutt (Yogishwara Mutt) in Mangaluru belongs to the Jogi community. The first defendant argued that the plaintiff mismanaged the mutt and tried to change a Shaiva temple into a Vaishnava temple. When it was time for the defendants to present evidence, the first defendant requested a Commissioner’s appointment, citing his responsibilities as Matadhipathi of the mutt and his inability to attend court due to daily rituals and health issues.
The Trial Court denied the application based on the decision that the defendant could come to Court after finishing his daily rituals at the mutt. It also stated that the first defendant did not provide any evidence to show that he was unwell and unable to attend the Court sessions. Upset by this, the defendant went to the High Court. The Bench observed that the writ petition indicated the first defendant is 48 years old and, aside from mentioning his religious duties at the mutt and his health issues, he did not give any other reasons for missing the Court proceedings. The Bench dismissed the petition and instructed, “The Trial Court must record the evidence of defendant No.1 either on 22.10.2024, the scheduled hearing date, or on the next hearing date without fail.”
Cause Title: Raja Yogi Nirmalnathji Maharaj and Kadri Jogi (Yogishwar) Mutt & others [Neutral Citation: 2024:KHC:42135]
