HC stops changing statue of deity in Muneshwara temple in Sena Vihar
S Shyam Prasad | NT
Bengaluru: The High Court has ordered that the Muneshwara temple in the Sena Vihar Complex, Kacharakanahalli belongs to the local residential society and restrained the Bandarappa Bhakhadigala Sangha from trying to put up any new structure there and trying to replace the original statue of the deity.
Allowing an appeal filed by the Sena Vihar Owners Welfare Association and Sena Vihar Temple Trust, the HC said, “The defendants, their members, agents, servants, henchmen and any other person claiming under them are restrained from altering, remodeling, renovating, rejuvenating or doing any acts affecting or altering or damaging the existing structure of the Temple and stone mantapa in the suit schedule property, except in accordance with law and in a manner known to law.”
However, the defendants including the Bandarappa Bhakthadigala Sangha was allowed to perform pooja at the said temple.
Justice HB Prabhakara Sastry in his recent judgement said, “However, this order would not come in the way of the defendants, their members, agent, servants, henchmen, and any other person claiming under them visiting the Muneshwaraswamy Temple and stone Mantapa in the suit schedule property as devotees and offering their prayer and worshipping the deity without causing any disturbance to the peace and tranquillity of the surrounding and to the residents in the locality.”
The housing complex was formed by the Army Welfare Housing Organization after obtaining 14 acres of 22 guntas of land in 1985. There are 435 owners who are managing the society.
The Muneshwara temple which is 12 feet x 12 feet stands near the Western Gate of the Complex. The residents formed a temple trust to manage the temple.
Allegedly Chaman K Sehsaya, of the Bandarappa Bhakthadigala Sangha and others forced their way into the society in 2011 and tried to rebuild the temple, claiming that the temple belonged to their organisation.
The suit by the residents welfare society and the temple trust seeking a restraining order on them was dismissed by a trial court after which they approached the HC in 2017. The HC gave its judgement recently.
The HC said that the defendants were trying to take over the temple and their intention was not just to worship.
“It clearly establishes that the intention of the defendants is not just worshipping the deity in Muneshwaraswamy Temple in the suit scheduled property, but, remodelling, renovating and rejuvenating, the said Temple structure and to a put up new construction in the place of the old one. This act of the defendants is not a mere act of worshipping the deity and offering the prayer as a devotee of Lord Muneshwara, but, something beyond the same and can be called an act towards taking the reins of the Temple including its management, administration and maintenance,” the HC said.
The HC thus issued a restraining order against the respondents and said they could visit the temple only for worshipping.
“Thus, for their excesses which were beyond their right to worship the deity and offer prayer as a devotee and for their alleged attempt to take the reins of the Temple in the guise of renovation and rejuvenation, they are required to be restrained from doing the same,” the HC said.