JUDGMENT :

1. The present second appeal is placed for fresh hearing before this court after remand by Supreme Court. Initially Regular Civil Suit No.600/1982, instituted by respondent Nos 1 to 4 seeking declaration of ownership and perpetual injunction in relation to suit properties was dismissed by trial court, however, in Regular Civil Appeal. No.21/2000, first appellate court (District court) decreed the suit. In second appeal filed by original defendants 3 and 4, decree passed by first appellate had been set aside by this court and judgment and decree of Trial Court was restored, eventually decision of this court was subjected to challenge before supreme court in appeal in earlier round.

The factual matrix giving rise to the present second appeal can be summarized as under:

2. The respondent nos.1 to 4 (hereinafter refereed as original plaintiffs) have instituted a suit for declaration and injunction in respect of properties as described in paragraph 1 of the plaint. The property referred in paragraph no.1(A) admeasures 53 feet (East-West) and 100 feet (North-South), which consist of a temple of Goddess Jagdamba, Tuljapur, situated at Gaothan, Burhanagar of mouje Kapurwadi, Tq. a