MURTI SHRI PANDHARINATH MANDIR Vs. COLLECTOR,INDORE

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 15-3-2005 passed by learned Third Additional District Judge, Indore in Civil Appeal No. 22/2004 whereby the judgment and decree dated 10-4-2003 passed by learned Civil Judge, Class-II, Depalpur in Civil Suit No. 44-A/2002 decreeing the suit of plaintiffs, has been reversed and set aside. No exhaustive statements of fact are required to be narrated for the purposes of disposal of this appeal since they have been elaborately mentioned in the impugned judgment passed by learned First Appellate Court. For ready reference it would be sufficient to mention here that plaintiffs sought following relief in the plaint:--

(2.) The defendants-State Government filed written statement and refuted the plaint averments and pleaded that rightly the name of the Collector has been endorsed as Vyavasthapak (Manager) in the revenue record. It has been further pleaded that the application under section 57(2) of the plaintiffs has been rightly dismissed and thus, prayed that the suit be dismissed.

(3.) Learned trial Court framed necessary issues and after recording the evidence of the parties decreed the suit. However, the judgment and decree of learned trial Court has been reversed by the learned First Appellate Court and dismissed the suit of plaintiffs. In this manner this second appeal has been filed by the plaintiffs which was admitted on 9-5-2006 on the following substantial questions of law:--