PURSHOTTAM SINGH NAROOKA Vs. PURSHOTTAM SHARMA

JUDGEMENT

(1.) THE appellant -decree holder vide this first appeal has challenged the order passed by the learned District Judge, Tonk on 11 -9 -2002 whereby the application under Section 144, CPC filed by the respondent -judgment debtor in Execution Case No. 19/1995 was allowed.

(2.) THE relevant facts in brief are that the appellant -plaintiff (hereinafter to be referred as the plaintiff) filed a civil suit on 4 -7 -1994 against the respondent -defendant (hereinafter to be referred as the defendant) with the averments that one temple of Sh. Thakur Ji Sitaram Ji is situated in the Fort of the plaintiff. The defendant was appointed as a Pujari of this temple and on account of that the defendant is in possession of the said temple shown in the site plan marked ABCD. Since the defendant is serving at Kota and thus not performing Seva -Pooja, hence it was prayed that a decree for removal of the defendant as Pujari and for delivery of the possession of the temple along with Pooja articles be passed in favour of the plaintiff.

(3.) THE defendant on 24 -10 -2000 filed an application under Section 144, CPC in execution proceedings with a prayer that the plaintiff has got the possession of the temple on 21 -12 -1995 in execution of the ex parte decree in absence of the defendant. The defendant being hereditary Pujari and since the ex parte decree has already been set aside, the defendant is entitled to restoration. The plaintiff contested this application by filing reply.