UMA SHANKAR PANDAY Vs. CHAKRADHAR TIWARI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents on the point of admission and I intend to dispose of this petition at the stage of admission itself.

(2.) The instant petition has been filed under Article 227 of the Constitution of India for quashing the order dtd. 19/1/2017 passed by learned Sub-Judge-V, Hajipur in Title Suit No. 658 of 2010 whereby and whereunder the learned Sub- Judge-V, Hajipur, dismissed the substitution petition of the petitioner.

(3.) Learned counsel for the petitioner submits that one Ayodhya Mishra, son of Late Shiv Gulam Mishra was the resident of Village-Birara, P.S. Hajipur Sadar, District-Vaishali and he established 'Sri Baba Narmadeshwar Nath Shankar Bhagwan Mandir' and made a trust in which five persons, namely, Umesh Mishra, Gagandev Mishra, Sita Ram Mishra, Mundrika Mishra and Awadh Kishore Panday @ Kishori Panday were inducted as members by executing a registered 'Samarpannama' dtd. 1/10/1981. In the said 'Samarpannama', the trust members were given right to select sewait or pujari for furthering cause of the mandir but they could not sell the property of the mandir. After the death of Ayodhya Mishra, who died issueless, one of the turst members, namely, Mundrika Mishra was appointed as sewait and as the nephews of late Ayodhya Mishra committed some fraud, Sewait of the mandir, Mundrika Mishra, filed Title Suit No. 658 of 2010 in the court of learned Sub-Judge, Vaishali at Hajipur on 21/12/2010. In the year 2012, Mundrika Mishra, sewait of the mandir, died and thereafter Awadh Kishore Panday @ Kishori Panday was appointed as sewait of the mandir and his name was substituted in Title Suit No. 658 of 2010 in place of Mundrika Mishra. Subsequently, on 11/4/2016, Awadh Kishore Panday @ Kishori Panday also died. After death of Awadh Kishore Panday @ Kishori Panday, a meeting of trustees and villagers was held on 5/9/2016, in which, it was decided to appoint the petitioner, who is son of late Awadh Kishore Panday, as sewait of the mandir. Thereafter, the petitioner, on 7/9/2016, filed a substitution petition in the court of learned Sub-Judge, Hajipur at Vaishali in in Title Suit No. 658 of 2010 for substitution of his name as sewait in place of his father, late Awadh Kishore Panday. On 27/9/2016, a rejoinder to the said petition was also filed by the respondent no. 5. After hearing the parties, the learned trial court dismissed the substitution petition of the petitioner dtd. 7/9/2016.