RAM MANDIR MANASA KACHHI PANCH Vs. JAGDISH MANDIR

JUDGEMENT

(1.) THE appellants have filed this second appeal against the judgment & decree granted by the two Courts below against them, dismissing their suit on the ground that the same is not maintainable, because the same is not a suit of civil nature, within the perview of section 9 of the CPC.

(2.) FOR deciding the substantial question of law, which was framed for the admission of this second appeal, the brief facts of the case are : Interestingly the plaintiffs -appellants, who are Panchas of caste Kachhi and also the representatives and followers of Shree Ram Mandir, situated at Manasa, have filed a suit for permanent injunction against the defendants, who are Managers, representatives and followers of Shri Jagdish Mandir, Manasa, seeking relief that they be restrained not to place the chariot of Deity (Viman) at Sr. No. 8 in a procession of 'Dol Gyaras', which is being organized every year regularly and religiously as they are having right to place their chariot of Deity at No. 5, in the queue of procession.

(3.) IN First Appeal (No. 9 -A/81) before the Additional Judge, Neemuch to the Court of District Judge, Mandsaur, the learned 1st Appellante Court, vide Judgement and decree dated 6.8.1984, has confirmed the Judgment and Decree of the trial Court, holding therein that the suit filed by the appellants -plaintiffs was not a suit of civil nature as prescribed under section 9 of the CPC and dismissed the appeal, placing reliance on the aforesaid Judgment of the Supreme Court, in the case of Sri Sinha Ramanauja Jeer (supra) reported in AIR 1961 S.C. 1720 (supra), against which the plaintiffs have filed this second appeal, which was admitted on the following substantial question of law: