RAM SARAN Vs. DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) In a civil suit field by the Petitioners against the Respondent No. 3 for declaration to the effect that the Respondent No 3 had no right to manage the affairs of the temple property and for permanent injunction restraining the Respondent No. 3 from interfering in the management of the temple property, en ad-interim in junction teems to have been granted in favour of the Petitioners under Order 39 Rule 1 Code of Civil Procedure. On appeal filed by the Respondent No. 3 the said order was vacated and the appeal of the Respondent No. 3 was allowed. This writ petition seeks to quash the appellate order passed by the Respondent No. 1 on 24-10-1989.

(2.) It is necessary to give a brief resume of facts which emerge from tie record.

(3.) The Petitioner No. 2 is a temple. Some landed property is said to have been gifted to the Petitioner No. 2 by one Mathura Prasad and his wife on 13-9-1938. One Janki Bai, who was herself the manager of the temple property, is said to have appointed Petitioner No. 1 as the manager of the temple, However, this appointment was cancelled on 12-6-1978 when she appointed Respondent No. 3 as the Manager of the temple, A civil suit is said to have been filed by the said Smt. Janki Bai and the Respondent No. 3 against the Petitioner No. 1 on 5-8-1978 That suit was compromised and a compromise decree on the basis of agreement of the parties was passed on 9-7-1979. The Respondent No. 3 was appointed manager to the extent of 38.40 acres of land of the temple. The Petitioner No. 1 was to remain in possession of 18.58 acres of land of the temple for ten years thereafter It was to be managed by the Respondent No. 3 on behalf of deity. The suit was filed by the Petitioners in respect of 38.40 acres of land which was the subject matter of the compromise decree. It is stated that on.12-6-1981 the said Smt. Janki Bai had executed two deeds. By one deed she removed the Respondent No. 3 as the manager and by another deed she appointed one Kishori Saran as Manager of the deity to manage the said property. However, said Kishori Saran is not a party to the suit and he does not appear to have managed the property at any time. Smt. Janki Bai thereafter is said to have filed another suit but the said cult had abated with the death of Smt. Janki Bai in 1983. la the said suit Smt Janki Bai had attempted to seek an injunction against the Respondent No. 3 but the same was refused by Civil Court and she is said to have filed writ petition in this Court, which was also dismissed in limine