NATHDWARA TEMPLE BOARD Vs. RAM LAL

JUDGEMENT

(1.) The present second appeal has been preferred against the judgment and decree dtd. 20/3/2018 passed by the Additional District Judge, nathdwara in Civil First Appeal No. 14/2016 whereby the judgment and decree dtd. 4/10/2016 passed by the Civil Judge, nathdwara in Civil Suit No. 109/2010 has been reversed and the matter had been remanded to the trial Court for trial afresh without being affected by the judgment as passed by the appellate Court.

(2.) The brief facts are that suit for permanent injunction and declaration was preferred by the plaintiff-Nathdwara temple board against the defendant. In the said suit an application under Order 12 Rule 6 read with Sec. 151 of the Code of Civil Procedure was preferred by the plaintiff with the submission that an application dtd. 31/7/2010 was moved by the defendant to the authorities of the temple board wherein the ownership of the temple board was specifically admitted by the defendant and after admitting the said ownership, the defendant proposed/requested for the shops in question to be rented to him.

(3.) A reply to the said application was preferred by the defendant and he specifically denied any such application being moved before the temple board and further denied any admission as alleged by the plaintiff-Board regarding its ownership.