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1980 Supreme(Pat) 172

L.M.SHARMA
Nand Rani Devi – Appellant
Versus
Bhubneshwari Devi – Respondent


Advocates Appeared:
For the Petitioners: Messrs S.C. Ghose & Krishna Mohan
For the Opp. Party : Mr. Laxmi Narain Mishra

JUDGMENT :

Lalit Mohan Sharma, J.

By the ORDER :impugned in this application the Subordinate Judge, Bhagalpur, directed that a writ be reissued to an advocate commissioner for holding local inspection and preparing an inventory in regard to the articles belonging to a deity. The plaintiffs filed a suit for displacing defendant No. 1 who was acting as the Shebait and a decree was passed on the 7th August, 1950. An appeal was, thereafter, filed in this Court which was registered as First Appeal No. 426 of 1950 and by the JUDGMENT : dated 1st August, 1959 the High Court confirmed that part of the decision whereby the defendant No. 1 was removed. In place of the plaintiff No. 1, however, the defendant nos. 2 and 3 were held to be suitable persons to manage the trust. Accordingly, according to the petitioners case an execution case being Execution case No. 15 of 1959 was started and the defendant nos. 2 and 3 obtained possession and started managing the affairs of the deity. On the 5th March, 1979, plaintiff no. 2 filed an application in the suit itself for a direction that he should be put in the charge of the management. This application has been registered as Miscellaneous Case No. 116






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