AJENDRAPRASADJI NARENDRAPRASADJI PANDE Vs. SWAMI KESHAVPRAKASHDASJI NARAYANPRAYDASJI

JUDGEMENT

(1.) This Appeal from Order under O.43 R. 1(r) of Code of Civil Procedure (CPC for short) is preferred by the appellants - original defendants against the order dated 1.10.2002 (hereinafter referred to as "impugned order"" passed by ld.3rd Jt. Civil Judge (S.D.), Nadiadbelowapplicationexh.5 in Spl.Civil Suit No.156/2002. By the impugned order, ld. Civil Judge has allowed the application exh.5 and has granted prohibitory order restraining the appellants -original defendants from acting for themselves and with their supporters and entering the temple under Vadtal Gadi at Vadtal, Gadhada, Junagadh region under the pretext of carrying of "Dhoon" without prior permission of the Managing Trust Board or the Government and not to organise any meeting in the above -said areas. Appellant no.1 is further restrained by the order under challenge from discharging and/or performing any activities as "Acharya"tillfinal disposal of the suit.

(2.) Beingaggrievedanddissatisfied with the impugned order dated 1.10.2002, the present appeal is preferred on various grounds stating out mainly in para -3 of the appeal and it is submitted that the order under challenge is even otherwise illegal, unjust and erroneous and the same requires to be quashed and set aside.

(3.) For the sake of convenience, the application preferred under O. 43 R.1 & 2 R/w Sec.151 of CPC by the original plaintiffs in the above -said Civil Suit - exh.5, has been referred for short as "exh.5 application". The appellants are hereinafter also referred to as the originaldefendantsand respondents herein as the original plaintiffs. Duringthediscussionword "Acharya" is used for defendant no.1 and at some place defendant no.1 has been referred as "Acharya".The ld. 3rd Jt. Civil Judge (S.D.) Nadiad has been referred to as the Lower Court, or ld. Civil Judge.