MAHANTH SHIVANAND GIRI Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) HEARD Mr. Ambuj Nayan Chaubey. counsel for the appellant in M.A. No. 684 of 2008 and Mr. Shashi Shekhar Dwivedi, learned Senior Counsel appearing on behalf of the appellant in M.A. No. 752. of 2008.

(2.) Both those appeals have been directed against a common order dated 24.9.2008 in Title Suit No. 111 of 2008 passed by the Sub -Judge -IV, Motihari. whereby and whereunder. the prayer for injunction made by the plaintiff, appellant in M.A. No. 752 of 2008 has been rejected with certain observations purportedly under Section 151 of the Civil Procedure Code. The plaintiff -appellant in M.A No. 752 of 2008 is aggrieved by a portion of the order where prayer for injunction has been rejected, whereas, defendant - appellant in M.A. No. G84 of 2008 is only aggrieved by last paragraph of the impugned order where certain observations have been made purportedly under Section 151 of the Code of Civil Procedure (in short C.P.C.).

(3.) IN order to appreciate the controversy involved in those two appeals one has to take note of the fact that on 13.3.2008 Title Suit No. 111 of 2008 was filed by Mahanth Shivanand Giri (appellant in M.A. No. 752 of 2008) claiming the following reliefs: - (a) That on consideration of the facts mentioned above it be declared that the plaintiff has absolute title and possession over Schedule I and 1(k) land also over his trust constituted under deed of "Samarpan Nama" dt. 14.12.1948 and the defendants have no authority at all to interfere with the management of the property of private trust and it be also declared that the notification Annexure (i) is the result of extra judicial exercise of the power by the Bihar Board of Religious Trust Patna. (b) By a decree of permanent prohibitory injunction the defendants be restrained from taking possession or management of the said property and individually detailed and described properties at the foot of this plaint and from realizing the income coming therefrom and be further restrained from taking the properties in their control and management in any manner. And in the mean time ad interim injunction may be granted to the same effects. (c) That cost of the suit be also awarded in favour of the plaintiff. (d) That any other and such further relief which the court may deem fit be also granted to plaintiff.