Karnataka High Court Upholds Order Requiring Mutt Head To Appear In Court For Leading Evidence After Completing Daily Rituals

The Karnataka High Court dismissed a plea moved by the Matadhipathi (religious head) of Kadri Shri Jogi Mutt (Yogishwara Mutt) who had sought appointment of a Commissioner to record his evidence in a suit before the trial court seeking a declaration that the Mutt (monastery) belongs to the Jogi community.

The petitioner defendant–Raja Yogi Nirmalnathji Maharaj had sought this appointment on the ground that he is unable to attend the trial court to lead evidence, as he has to perform daily rituals at the Mutt. He had also contended that his ill-health was not permitting him to attend court. The trial court had rejected his request against which he moved the high court. 

Agreeing with the trial court's reasoning a single judge bench of Justice R Nataraj in its order said, "The cause-title of the writ petition discloses that the defendant No.1 is 48 years old man. Except claiming that he has to perform religious activities in the mutt and that he is suffering from ill-health, he has not cited any reason for not attending the proceeding before the Court. 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. Therefore, this writ petition lacks merit and is dismissed". 

The trial court had rejected the petitioner defendant's plea on the ground that that doors of the court are open from 11.00 a.m. to 5.45 p.m. and the petitioner defendant can attend the court after completing his daily rituals in the mutt. The trial court had also observed that the petitioner defendant did not produce any material to establish that he is suffering from any ill-health which prevents him from attending court proceedings. 

The petitioner is a defendant in a suit filed by D.K. District Jogi Samaj Sudharaka Sangha and has opposed the suit claiming that the plaintiff Sangha had "malversed the mutt" and had "attempted to convert Shaiva temple into a Viashnava temple".

During the trial, the trial court recorded the evidence of the plaintiff Sangha and set down the matter for the evidence of the defendants. The petitioner defendant filed an application for appointment of Commissioner to lead evidence. 

Taking note of the contentions and finding no merit in the petition, the high court dismissed the same. 

Case Title: Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & Others

Appearance: Advocate Rajashekar S for Petitioner.

Citation No: 2024 LiveLaw (Kar) 457

Case No: WRIT PETITION NO. 26894 OF 2024

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