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Badri Prasad (D.) Through L.Rs. ... vs Satya Dev

High Court Of Judicature at Allahabad|04 August, 2004

JUDGMENT / ORDER

ORDER Anjani Kumar, J.
1. This is defendant's second appeal whereby the appellant has challenged the order passed by the lower appellate court the appeal filed by the defendant was dismissed. The plaintiff filed a suit for injunction restraining the defendant permanently, from interfering with the management of the property of a temple in question as 'sarvarakar'. The defendant contested the suit and denied the plaintiffs case that the plaintiff Is sole 'sarvarakar' of the temple. The trial court on the pleadings of the parties have framed as many as six issues, which are as under :
(1) Whether plaintiff alone is 'sarvarakar' of the temple in dispute and has right over the offerings made therein?
(2) Whether the suit is barred by Section 11 of the C.P.C.?
(3) Whether the suit is barred by estoppel?
(4) Whether the suit is bad for non-joinder?
(5) Whether the suit is not in time?
(6) To what relief, if any, Is the plaintiff entitled?
2. After the parties adduced the evidence the trial court recorded the findings on issue No. 1 to the effect that plaintiff alone is the 'sarvarakar' of the temple in dispute and has sole right to the offerings made therein and the defendants have no right to have share in the offerings of the temple. All the issues are decided accordingly In favour of the plaintiff and aggrieved thereby the defendants filed an appeal before the lower appellate court, the lower appellate court upheld the findings regarding plaintiffs being sole 'sarvarakar' of the temple and dismissed the appeal. Thus, this second appeal.
3. Learned counsel for the appellant tries to argue that the findings recorded by the trial court and affirmed by the lower appellate court holding that the plaintiff is the sole 'sarvarakar' of the temple in dispute and that they have exclusive right to the offerings of the temple. After going through the evidence on record and as suggested by learned counsel for the appellant I find that the findings do not suffer from any error much less error of law, so as to warrant interference Under Section 100 of the Code of Civil Procedure.
4. In this view of the matter, this appeal has no force and is accordingly dismissed. Interim order, if any, stands vacated,
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Title

Badri Prasad (D.) Through L.Rs. ... vs Satya Dev

Court

High Court Of Judicature at Allahabad

JudgmentDate
04 August, 2004
Judges
  • A Kumar