LAWS(RAJ)-2014-12-294

RAMESH CHANDRA Vs. TARA CHAND & ORS

Decided On December 16, 2014
RAMESH CHANDRA Appellant
V/S
Tara Chand And Ors Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant/plaintiff. None has appeared on behalf of respondents through name of Mr. S.P. Sharma, is shown in the cause list.

(2.) The present second appeal has been preferred by the appellant/plaintiff, Ramesh Chand S/o Sh. Mool Chand, against the concurrent judgment and decree dated 30.11.2011 passed by learned Additional District Judge, Deedwana, in Civil Appeal No.06/2011 dismissing plaintiff's appeal upholding the judgment and decree dated 18.05.2011 passed by learned Civil Judge (Sr. Divison), Deedwana, dismissing the plaintiff's suit for permanent injunction against the defendants/respondents.

(3.) The suit was filed by the appellant/plaintiff for seeking restraint against the defendants who according to plaintiff had illegally possessed the temple known as "Padaya Mata Mandir", situated at Kharda Balia, Deedwana, District: Nagaur and the appellant/plaintiff having performed such right of "Pujari" of said temple for long period, the defendants deserve to be restrained from undertaking the said work in the temple. The plaintiff adduced the evidence before the learned trial court and certain witnesses were also examined by the trial court like PW.1, Ramesh Chandra, PW.2, Shankerlal, PW.2, Mohanlal, PW.3, Mohanlal, however, no document was produced by the appellant/plaintiff. On the other hand, from the side of the defendants, witnesses viz. DW.1, Tarachand, DW.2, Kamalkishore, DW.3, Poonamchand, DW.4, Govind Narayan and DW.4 Dwarka Prasad, were examined.