AJAY SHARMA AND ANOTHER Vs. SARVAJEET SINGH

JUDGEMENT

(1.) This Civil Revision petition under section 115 of the Code of Civil Procedure (CPC) is directed against the order passed by the Additional District Judge, Una on 22.1.2013 whereby he condoned the delay in filing of the appeal.

(2.) The brief facts, as are necessary, for the adjudication of this petition are that the predecessor of the plaintiff-petitioner late Sh. Krishan Murari filed a suit for declaration that he is the sole trustee of the temple of Lord Shiva and its structure and is entitled to succeed to the office of the trust and manage affairs of the temple and its other properties and that no other person has any right to interfere in the management of the temple. He further sought permanent prohibitory injunction by way of consequential relief to restrain the general public from interfering and obstructing him from managing and controlling the affairs of temple and its properties.

(3.) The aforesaid claim was made on the basis that one Nanku had been appointed as trustee of the temple of Lord Shiva known as Thakurdawara vide order dated 12.7.1860 in pursuance of the order passed by the Financial Commissioner, Punjab, which orders were stated to be continuing and yet certain members of the general public were trying to interfere in the management of the temple. Hence, the suit.