AMRUT SHANKAR VERLEKAR Vs. SARVAJANIC SATYANARAYANMAHA POOJA

JUDGEMENT

(1.) THESE two appeals are directed against two orders passed by the Civil Judge, Senior Division, Margao in Special Civil Suit no. 126/2005. The appellants in both these cases are plaintiffs in the said suit. The plaintiffs came to the Court with the case that they are owners of the property bearing Chalta No. 371 of P. T. Sheet No. 239 at Margao, in which a pedestal is situated. There was also a Peepal tree, which was cut down. A deity known as Lord Damodar is installed in that pedestal. According to plaintiff No. 5, who has argued in person for himself as well as other plaintiffs, since he happened to be an Advocate, this Deity is situated there for last 300 years. People in the area perform Satyanarayan pooja and also celebrate Ganesh Festival on that pedestal. The plaintiffs filed proceedings under section 145 of Criminal Procedure Code, wherein the Sub-Divisional Magistrate held in favour of plaintiffs holding them to be in possession of property bearing Chalta No. 371, Sheet No. 239 in margao situated around Peepal tree.

(2.) ACCORDING to plaintiffs, one Dinu Chari was looking after receiving offerings from devotees on behalf of the plaintiffs. On 9. 7. 2005 some dispute arose and Dinu Chari was not permitted by the people to receive offerings. The plaintiffs filed suit thereafter for the following reliefs:

(3.) RESPONDENTS opposed these prayers on several grounds. After considering the contentions raised as well as the evidence tendered by the parties in support of their respective contentions, the learned trial judge held that since defendant No. 4 was sitting at the pedestal as temporary arrangement, that arrangement should continue until further orders. He directed that the cash collected in the cash box, may be counted in presence of plaintiff No. 5, Presidents of defendants Nos. 1 to 3 institutions, and deposited in the Court every month, after retaining 10 % of the sum as service charges for the priest. The other offerings like oil, coconuts, incense sticks were to be utilised at the pedestal itself for prayers to the deity and distribution of Prasad every Monday. While concluding the learned Judge had also observed that the arrangement could be modified any stage after hearing the parties. This order dated 24. 5. 2006 has been challenged by the plaintiffs by filing appeal No. 78/2006.