MAHANT BABA RAM NIHAL DAS Vs. RAM CHANDER

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for quashing the order dated December 17, 1988 (Annexure 3) passed by the learned District Judge, Faizabad in Miscellaneous Civil Appeal No. 78 of 1988.

(2.) RAM Chandra Das has instituted a suit bearing No. 103 of 1978 against Ram Nihal Das and Vimaleshwaranand for permanent injunction in the Court of Civil Judge, Faizabad. He claims to be Mahant of the Gaddi of Samadhi Govind Sahib situate in village Ahirauli, Tahsil fanda, District Faizabad. The suit was contested by the Defendants who claimed to be Mahant of the said Gaddi. The Plaintiff moved application 6/C, for temporary injunction to restrain the Defendants from interfering in the peaceful discharge of his duties as Mahant during the pendency of the suit. The application was allowed by the learned Civil Judge by order dated December 7, 1978. An appeal was preferred against this order which was Misc Civil Appeal No. 67 of 1978. The appeal was allowed by the learned Additional District Judge, Faizabad on November 23, 1979 and the application filed by the Plaintiff for temporary injunction, was rejected The Plaintiff filed Writ Petition No. 3398 of 1979 against the order dated November 23, 1979. The operation of the order was stayed in the writ petition on November 22, 1979. The stay order was modified on April 9, 1980 and the following directions were issued:

(3.) IN pursuance of the order dated December 12, 1980 passed in the above mentioned writ petition, the learned III Additional District Judge Faizabad heard Misc Civil Appeal No. 67 of 1978 afresh and decided it on May 19, 1983. He allowed the appeal, set aside the order passed by the learned Civil Judge and again rejected the application 6/C for temporary injunction filed by the Plaintiff. Aggrieved from the order the Plaintiff approached this Court and filed Writ Petition No. 3043 of 1983, which was however, dismissed on February 11, 1987.