ASHOK KUMAR PANDEY Vs. KAMAL KUMAR PANDEY

JUDGEMENT

(1.) Although, the matter comes up on stay application; but, on the request of learned counsels for the respective parties, it has been heard finally at this stage.

(2.) This revision petition has been filed against the order dtd. 21/3/2022 passed by the learned Additional Civil Judge No.1, Dholpur (for brevity "the learned trial Court") in Civil Suit No.107/2021 whereby, an application filed by the petitioner/defendant No.5 (for brevity "the defendant No.5") under Order 7 Rule 11(d) CPC, has been dismissed.

(3.) The relevant facts in brief are that the respondent No.1/Plaintiff (hereinafter referred to as "the plaintiff") filed a suit for permanent injunction against the defendant No.5 and the respondents No.2 to 5 stating therein that he performs 'Seva Puja' of the Mandir Mahadev Ji as per his Osra. It is averred that the defendant No.5, in collision with the defendants No.2 to 4, has obtained an order dtd. 11/2/2021 appointing him as Osredaar Pujari. Alleging that the defendant No.5 has not such right, the decree as aforesaid was prayed for. Therein, an application filed by the defendant No.5 under Order 7 Rule 11 (d) CPC has been dismissed by the learned trial Court vide order dtd. 21/3/2022, impugned herein.