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2019 Supreme(SC) 1225

MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
BANSIDHAR SHARMA(SINCE DECEASED) REP BY HIS LEGAL REPRESENTATIVE – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
For the Petitioners:Harin Raval, Shobha Gupta, Joyshree Barman, Abhinav Bansal, Kamlesh Sharma, Sukanya Singh, Kartikey Kanojiya, Advocates
For the Respondents:Manish Singhvi, Satyendra Kumar, Shailja Nanda Mishra, Harsha Vinoy, Arpit Parkash, D.K. Devesh, Milind Kumar, Sandeep Jha, Abhinav S. Raghuvansi, Advocates

JUDGMENT

Rastogi, J.

1. Leave granted.

2. This appeal arises from the order dated 21st August, 2019 passed by the High Court of Rajasthan Bench at Jaipur.

3. The seminal facts relevant for the purpose are that late Shri Bansidhar Sharma (predecessor of the appellant) filed a suit on 15th July, 1961 for possession, rendition of accounts and permanent injunction before the Additional District and Session Judge, No. 1, Jaipur City in which following issues were framed:­

1. Whether the suit temples were founded by the plaintiffs ancestors and his ancestors were Shebeit and Mahant of the temples entitled to manage the same?

2. Whether the said temples and 24 shops attached to them were founded, built and maintained by the former Jaipur State and managed through their servants?

3. Whether the plaintiff is in possession and management of the suit temples in his own rights and not on behalf of the state as their Pujari or servant?

4. Whether Pandit Mahadev Ji was the Mahant or Shebait of the suit temples and he handed over management of the temples and shock attached to them to the Dharmarth Vibhag of the former Jaipur estate in the year 1925 for safety and security and proper management as he was

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