JAGANNATH PRASAD SONI Vs. LAXMI NARAIN SONI

JUDGEMENT

(1.) THIS is a revision by the plaintiffs against the order by which the application of the intervenor

(2.) THE plaintiffs have filed the suit against the defendants for partition of the properties. One of such properties is house No. 8 (new Nos. 285 and 286), Chakarbhata Ward, Sagar. According to the plaintiffs this house is the joint family property of the parties and on the basis of an order dated 23-3-2001 of the Trial Court they are reconstructing the house. The case of the intervenor is that this house is the property of the Public Trust and it has been declared as such in earlier Civil Suit No. 5-A of 1972 by the judgment and decree dated 4-3-1976. After the decision in this civil suit the trust was registered as a Public Trust and the house in dispute is entered in the register as belonging to this Trust. It appears that subsequently there was another Civil Suit No. 9-A of 1980 in which by order dated 27-2-1985 the validity of the earlier decree has been doubted. An appeal against the order in the subsequent civil suit has been filed by the intervenor and that is pending. According to the intervenor the plaintiffs are demolishing the temple and removing the idols installed therein in the name of reconstruction of the house.

(3.) THE Trial Court has found that the intervenor is a proper party to the suit as the judgment and decree in this partition suit is going to affect directly and adversely the interest of the intervenor