SANTOSH SAJO MALIK Vs. PRAKASH MAHADEV MALIK

JUDGEMENT

(1.) THE appeal arises out of the Judgment and Decree passed by the District Court in Civil Suit No.19 of 2005 on 31/1/2008 dismissing the suit of the plaintiffs.

(2.) THE plaintiffs filed the suit praying for decree for declaration that the members of two Malik families of Hassapur are the Mahajans of the "Shri Sateri Devasthan Hassapur -Waddi" and are sole owners of the Devasthan property surveyed under survey no.405/1 of Hassapur village. They prayed for decree directing the Bandhkam Samiti members, the defendants no. 1 to 4 to render the accounts of construction/renovation of the temple of the Devasthan. They further prayed for decree for perpetual injunction restraining the defendants, their officers, servants, agents or any person or persons acting through or under them from interfering in any manner with the ownership rights of the Mahajans of the Devasthan of Shri Sateri Hassapur Wadi. They further prayed for permanent injunction restraining the defendants, their officers, servants, agents or any person or persons claiming through or under them from undertaking any further construction in the Devasthan property or in the said temple of Sateri without the consent of the general body of Mahajans. They prayed for decree for perpetual injunction restraining the defendants their family members and/or person or persons claiming through or under them from interfering in any manner with the management and administration of the Devasthan preventing the plaintiffs and/or any other Mahajans from performing the religious rites, festivities or functions in the Devasthan or in the temple of the Devasthan. The plaintiffs sought for the ancillary reliefs.

(3.) THE defendants opposed the claim of the plaintiffs. The defendants no.1 to 4 filed the written statement and denied the allegations made by the plaintiffs against them. The above mentioned defendants specifically pleaded that the plaintiffs cannot be declared as the owners of the Devasthan property. These defendants specifically stated that the Bandhkam Samiti is answerable to the two Malik families of Hassapur.