ASHOK DUTTA Vs. ARCHANA JASH

JUDGEMENT

(1.) The instant revisional application filed under Article 227 of the Constitution of India is directed against the order no. 25 dated 2nd June, 2011, passed by Ld. Civil Judge (Junior Division) at Kalna in Title Suit no. 71 of 2010.

(2.) The case of the petitioner is that there is an old and ancient Kalimandir lying and situated on 7 Sataks of lland in Dag no. 434, Mouza-Joyrampur, P.S.- Monteswar, Dist.- Burdwan. The said Kalimandir is a Debuttar property, well maintained by the Sebaits of the Deity. The Sebaits perform regular seva puja of the Deity. The Plot no. 434 is a Debuttar property and absolutely belong to Deity Shri Shri Kali Mata Thakurani. Nobody has got right, title and interest over the said property, as pathway of the defendants. The defendant no. 1, with a mala fide intention, had brought an M.P. case against the Sebaits of Deity in the Court of the Executive Magistrate at Kalna claiming that She has got right to enjoy and use Kachha road on the back portion of the old temple of Kali Mata and she and her ancestors use said Kachha road for about 35 years as pathway.

(3.) The Sebaits have filed a suit for declaration before the Ld. Court below against the defendants and also appear in the proceedings pending before the Executive Magistrate denying any right, title and interest of the defendants in the Dag no. 434. The defendant appeared in the suit filed below and submitted their written statement. The petitioner/applicants filed one petition under of the C.P.C. before the Ld. Court below praying for addition of parties on the ground that they are also Sebaits and perform Seva puja daily and keep the old and ancient temple in good condition. So, their names may be included as plaintiff after the names of the plaintiffs in suit. The defendant no. 1 contested the suit and raised objection.