PATEL CHATURBHAI SHAMBHUDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have challenged the order passed below Exh. 8 in Regular Civil Suit No. 249 of 1988 passed on 28.12.1988 by the learned 2nd Joint Civil Judge (S.D.) at Mehsana allowing the application of third party-respondent no. 2-Manager of Dashnama Goswami Samaj for joining as is defendant in the said suit by filing this revision under section 115 of the Code of Civil Procedure 1908 (the Code for short).

(2.) The petitioners have filed the aforesaid suit for a declaration that they are owners of land bearing survey number 4 situated in village Chanasma District-Mehsana which is popularly known as Sudama Wadi wherein temples of Mahadev and Mataji are situated on the suit land. The case of the plaintiffs is that they are in charge of the management of the temples and one room constructed on the suit land is used by the Pujari as residence. There are also some superstructures in some part of the suit land. There are also Samadhis of the ancestors of the plaintiffs situated on the part of the said land.

(3.) It is also one of the contention of the plaintiffs that the suit land and the properties standing thereon are maintained and repaired by the plantiffs. Thus according to the plaintiffs they are in use and occupation of the said land and the super-structures thereon as owners since long. Therefore they filed the above suit for decLaration and injunction.