RAJ KISHORE MAHAPATRA Vs. NARASINGH MISHRA

JUDGEMENT

(1.) THIS is an application in revision against the order contained in the judgment in complaint Case No. 97 of 1966 passed by Sri. P. C. Panda, Judicial Magistrate, 1st class, Cuttack directing the accused persons, while acquitting them, to deliver physical possession of the idol of Sri Chandrasekhar Mohaprabhu along with His ornaments, clothings, seat etc. to the complainant for being worshipped in the house standing on plot No. 2447.

(2.) MR. Dhal, the learned counsel for the petitioners contended that the above mentioned order is illegal and unwarranted in view of the findings arrived at and observations made in the judgment of the said court.

(3.) MR. Kanungo, learned counsel for the opposite party contended that the trial court was justified in passing the said order in view of the fact that the endowment Commissioner decided that the deity was a private deity of the complainant's family; and that they also had the right to possess the deity for performing the Seva Puja; and because of the petitioners worshipped in a house on plot No, 2447.