D.Y.CHANDRACHUD, HEMANT GUPTA
MURTI BHAWANI MATA MANDIR REP. THROUGH PUJARI GANESHI LAL (D) THROUGH LR KAILASH – Appellant
Versus
RAMESH – Respondent
JUDGMENT
Dhananjaya Y. Chandrachud, J.
1. Leave granted.
2. This appeal arises from a judgment of a learned Single Judge of the High Court of Madhya Pradesh at its Bench at Indore. A suit [Suit No. 60/A/77] was instituted in the Court of the Civil Judge, Class II, Sardarpur, Dist. Dhar (M.P.) by one Ganeshi Lal claiming as the next friend of the diety situated at Bhawani Mata Mandir, Gram Dasai, Tehsil Sardarpur. The suit was for a permanent injunction against Geetabai (since deceased) and respondent Nos. 1 and 2 restraining them from interfering with the possession of the plaintiff over the agricultural land in dispute.
3. The issues which were framed in the suit for the conclusion were as follows:
“Sl. No.
ISSUES
CONCLUSION
1.
Whether on land bearing No Survey No. 1630, 1631 & 1632 belonging to the ownership Murti Bhawani Mata Mandir situated in village Dasai possession of plaintiff is continuously coming through Dulichand son of Shrichand?
2(a)
Whether plaintiff is Pujari of Bhawani Mata Mandir ?
2(b)
If plaintiff is Pujari, then
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