Petitioner instituted a Misc. Suit No.7 of 2008 for appointment as Sarvakar of Temple of Thakurji situate over Plot No.776, village Rampur Kakar, Bareilly. The said miscellaneous suit was allowed vide judgment and order dated 4.8.08 and the petitioner was appointed as the Sarvakar.
Respondent no.2 has now moved an application 34 Ga for setting aside the aforesaid order on the ground that relevant parties were not heard, which application has been registered as Misc. Case No.4 of 2009. In the said miscellaneous case an order has been passed on 1.10.2010 fixing a date for hearing of the aforesaid case and for the objections of the petitioner with regard to the maintainability of the said application. The order dated 1.10.2010 which has been impugned is only interlocutory in nature and is not a final order deciding the rights of the parties.
The writ petition as such is not only premature but is highly misconceived. Accordingly the same is dismissed.
Order Date :- 21.10.2010 piyush