MAHANTH BHIKHARI DAS Vs. BIHAR STATE BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has filed the revision application against the order dated 11.12.2006 passed in Misc. Appeal No. 3 of 1989/2 of 1989 by the Additional District Judge, 1st Gopalganj by which he has allowed the prayer of the defendant -opposite parties and set aside the order of injunction dated 9.1.1989 passed in Title Suit No. 114/1988 by Subordinate Judge -V, Gopalganj.

(3.) THE case of the plaintiffs was that the original spiritual ancestor of the plaintiff Baba Nayak Ram Das Jee was the resident of Madhopur and after death of his wife he devoted his time in worshipping lord Vishnu and installed an Idol of Lord Vishnu in his house for private worship and thereafter he built a temple by the side of his house in which the Idol of Lord Shiva and other deities were installed out of the proceeds of his property and he also created the Institution of Chelaship and after his death his successor one after the other inherited the properties which was later on called as Math and the plaintiff No. 1 Ramchandra Das Jee was the last guru. The plaintiff no. 2 was described in the plaint as a Chela of plaintiff no. 1 who was looking after the properties of plaintiff no. 1. The said Title Suit was filed on 16.8.1988 and apart from the relief of declaration, relief of injunction was also claimed therein but two days after the filing of the Title Suit an amendment application was filed for deleting the relief of injunction and the same was also allowed. Subsequently, two days thereafter on 20.8.1988 an application under Order 39 Rule 1 CPC was filed on behalf of the plaintiffs praying for temporary injunction in the matter. The admitted fact is that the plaintiff no. 1 died on 5.10.1988 and thereafter an application was filed by plaintiff no. 2 on 17.12.1988 for expunging the name of plaintiff no. 1. However, the said application is still pending.