BALAJI MANDIR SANSTHAN Vs. SANJAY LAXMAN PATHAK

JUDGEMENT

(1.) Heard the contesting parties finally at the admission stage with their consent. As the matter pertains to order passed under Order VII Rule 11 of the Code of Civil Procedure (for the sake of brevity and convenience hereinafter referred as to the "C.P.C."), applicants and the respondent No. 1 are the contesting parties, who are original defendant No. 1 and plaintiff respectively in Spl. C. S. No. 16 of 2024.

(2.) Applicants are aggrieved by rejection of their application Exhibit 95 vide order dtd. 15/4/2025 passed by the learned Trial Court refusing to reject the plaint.

(3.) Respondent No. 1 has filed Spl. C. S. No. 16 of 2024 for the relief of declaration and injunction. It is contended that applicant is a trust having old temple of Balaji at Parola. Remaining applicants are office bearers of the trust. It is contended that plaintiff since his forefathers is working as Archak in the Balaji temple. It is their hereditary right which is being exercised continuously since the year 1900. He is being discontinued by the trustees from 25/8/2024 and he is being replaced by the applicant No. 16. This action is sought to be challenged in the suit on the ground that no proper procedure has been followed and it is in defiance of easementary right.