MAHIMA GOSAIN BIJE MAHIMAGADI Vs. KAUPINIDHARI MAHIMA SAMAJ

JUDGEMENT

(1.) Petitioner in this application have challenged the order dated 12.11.2003 passed by learned Civil Judge (Sr. Divn.), Dhenkanal in Execution Case No. 63 of 1998 in dismissing the execution case as the same is not maintainable before him.

(2.) The facts leading to the present case are as follows:- It is averred in the writ petition that the parties in the writ petition claim to be the disciples of Sri Mahima Gosain the propounder of Mahima Dharma. The Sanyasis are in two groups. One group is known as Balkaladhari and the other is Koupinidhari. There was a disputes between these two groups with regard to their right to perform seba puja in the Sunya Mandir where the relics of Mahima Gosain is worshiped and the right to take part in the management of the institution. Consequently two separate societies have been formed and registered. One is registered as Satya Mahima Dharma Dhama Parichalana Samiti. The said samiti is dominated by the Balkala Dharies who claim to be the true disciples of Mahima Swamy. The present petitioners represent the Samiti of Balkaladhari. The other group had been registered as Satya Alekha Mahima Dharma Koupina Dhari Samiti. The opposite parties represent the Samiti of Koupina Dharies.

(3.) In the year 1939-40 there was a dispute between the two groups of Sanaysi when the Koupin Dharies are said to have been forcibly encroached on a part of Sunya Mandir and raised some structures thereon. Accordingly the Balkaldhari filed Original Suit No. 62/152 of 1939-40 (HC/21/1943) before the learned District Judge of the then State of Dhenkanal for declaration of the title of the deity Mahima Gosain to the disputed site and the sheds and other structures standing thereon, for ejectment of the defendants therefrom and other structures standing thereon, for ejectment of the defendants there from and for a perpetual injunction on the defendants restraining them from constructing huts or other structures on the disputed site. The said suit was decreed on contest on 16.12.1944 in favour of the plaintiffs Sree Mahima Gosain. The defendants were also restrained from construction any hut or other structure on the Gadi compound. Judgment debtors challenging the decree preferred Civil Appeal No. 1 of 1945 before the appellate Court.