FATEH SINGH PANWAR Vs. VIJAY CHAND

JUDGEMENT

(1.) PRESENT second appeal is preferred assailing the judgment and decree dated 12.10.2009 passed by Civil Judge (SD), Uttarkashi whereby Civil Suit No. 28 of 2008 (Fateh Singh Panwar Vs. Vijay Chand) was dismissed as well as judgment and decree dated 18.09.2014 passed by District Judge, Uttarkashi whereby first Civil Appeal No. 17 of 2009 was also dismissed upholding the judgment and decree dated 12.10.2009.

(2.) BRIEF facts of the present case, inter alia, are that few villagers of village Sald filed O.S. No. 28 of 2008 in the court of Civil Judge (SD) Uttarkashi against the villagers of village Kharwa, Patti Barsali, Tehsil Dunda, District Uttarkashi for the mandatory injunction seeking direction to the defendants to dislodge the idol of Asht Bhuja Goddess Durga from temple of village Kharwa and reinstalled the same in village Sald with the allegation that idol of Goddess Durga was earlier installed in an old temple of village Sald; in the year 1984, villagers decided to renovate / reconstruct the old temple of Goddess Durga and it was decided that during the period of renovation / reconstruction of the temple of Goddess Durga in village Sald, idol of Goddess Durga would be shifted and installed temporarily in the temple of village Kharwa; therefore, under the agreement between the villagers of both the villages, idol of Goddess Durga was shifted from village Sald to village Kharwa; and in the temple of village Kharwa, after performing of rituals of Pran Prathista, idol of Goddess Durga was installed; renovation / reconstruction work of temple at village Sald was completed in the year 1991; thereafter, a demand was raised by the villagers of village Sald to shift back the idol of Goddess Durga from village Kharwa to village Sald; however, few priests and elders opined that idol of Goddess Durga should not be shifted before expiry of 12 years and it was agreed that after expiry of 12 years idol of Goddess Durga would be reinstalled in the temple of village Sald, however, later on, villagers of village Kharwa refused to return the idol of Goddess Durga to be reinstalled in temple of village Sald, therefore, cause of action arose for the present suit.

(3.) DEFENDANT appeared and preferred their written statement saying idol of Goddess Durga, which is available in the temple of village Kharwa, was installed about 60 years before and it was never dislodged from any temple of village Sald.