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Judgment
The appeal is barred by limitation. The delay is of 81 days.
As requested by the learned advocates appearing for the parties, the appeal is taken up for preliminary hearing.
The writ petitioners, being the trustees of the Shree Chowdeshwari Temple Seva Samithi Trust, applied for recording of their names in the khatha, as the property stood in the name of the temple. They were informed that the khatha has, already, been transferred in favour of the respondent Nos.3 and 4 and the father of the respondent Nos.5 and 6. It was found that the occupancy rights in favour of those respondents was granted without addressing the basic requirements as contemplated under Section 4 of the Mysore (Religious and Charitable) Inams Abolition Act, 1955.
The persons who are, actually, cultivating the land are entitled to secure occupancy rights. Consequently, such occupancy right was bestowed on them. There was no material on record to show that the archakas were cultivating the land, continuously for three years prior to the date of vesting.
We do not find any merit in the appeal. The application for condonation of delay in filing the appeal is dismissed. Consequently, the writ appeal is, also, dismissed.
In view of dismissal of the appeal, the pending interlocutory applications do not survive for consideration and are, also, dismissed.
We make no order as to costs.