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Justice Krishna Dixit of Karnataka High Court after dictating orders in favour of Shree Chatrapathi Shivaji Maratha Trust in a land dispute with Maratha Samajda Gosai Matha directed the Trust to construct a temple for Amba Bhavani in the land on the request of the Matha. The judge after passing the direction noted that, “Amba Bhavni gave soul to Shivaji who then went on to save the country.”

Justice Dixit then spoke of a judgment of Madras High Court where two English judges considered whether a Shudra can become a King of this country or not in which Alladi Krishnaswamy Iyer appeared. He said, “Madras High Court said even the Athi Shudras can become the kings of the country.” Justice Dixit was referring to the judgment of Madras High Court by Justice O Spencer in Maharaja of Kolhapur Vs S. Sundaram Ayyar & ors which explored the entire genealogy of Tanjore Maratha Kings. Justice Dixit then informed the counsels that it is from Tanjore Marathas that the Tanjore paintings originated and that sambar was brought to South India by them.

The judgment of Madras High Court in Maharaja of Kolhapur explored questions such as

1. What is the status of the Raja's offspring by sword wife mothers in this family? Are they legitimate or illegitimate? Are sword wives a species of inferior wives or kind a of super concubines
2. Are the Kolhapur and Satara branches of the family liable to be excluded from inheritance by reason of the bar sinister caused by the late Tanjore Raja's great-grandfather Pratapa Singh having been begotten by his father Tukkoji, through a sword wife Annapurni?
3. Is the family, to which the late Raja of Tanjore belonged, a family of Kshatriyas or Sudras?

The judgment concluded that “the proper course is to assume the adopted son to be in the same position as a natural-born son, imagine the illegitimate sons to be legitimate, assume that they can co-exist with the legitimate sons, see what shares they would get on that footing, and give the illegitimate sons one-half of it.”

Merits of the case:

On the merits of the case Justice Krishna Dixit pulled up the Shivamogga Corporation, where both the organisations are located for striking of the name of the trust from its revenue records and substituted the name of the Matha in its place. The court held that this act of the Corporation is “based on a thoroughly erroneous legal opinion furnished by its panel advocates.” The court noted that despite the property figuring in the registered trust deed of the trust, the corporation went ahead and struck off its name.

Case title: Shree Chatrapathi Shivaji Maratha Trust  Vs Shivamogga Mahanagar Palike