ORDER

Heard Mr. Ganpati Trivedi, learned senior counsel for the petitioners, Mr. Jitendra Kishore Verma, learned counsel for the opposite party and Mr. Shekhar Singh, learned counsel for the opposite party No. 3.

2. This Civil Revision Application is directed against the order dated 23.10.2019, passed in Case No. – Civil Miscellaneous No. - 78 of 2019 (in Execution Case No. 01 of 2000) by the learned Court of Additional District Judge, VIIth, Patna, which was filed by the petitioner under Order XXI Rule 97 of the Code of Civil Procedure, whereby, the said Civil Miscellaneous Case has been dismissed on the ground that petitioner has no locus to file the Miscellaneous Case and as such is not maintainable and the said Miscellaneous Case has been rejected at the stage of “Admission”.

3. Mr. Ganpati Trivedi, learned senior counsel for the petitioners submits that Baba Bhikham Das Thakurwadi is a religious Trust, situated at Bari Path, Kadamkuan in the District of Patna, registered under Bihar Religious Hindu Trust Act, 1950, having its Reg. No. 935. It is contended that several dispute arose relating to the right of management of the properties of the said Trust and also Mahantship of the said Trust. It is admitted fact that Ram Krishna Das was the Mahant of the said Thakurwadi, who died on 09.02.1961. Two Wills claimed to be executed by Mahant Ram Krishna Das on 21.12.1952 and 02.08.1960 in favour of Ram Rajeswar Das as well as Chandra Mani Das respectively.

4. After the death of said Mahant Ram Krishna Das a dispute arose regarding the Mahantship of the said Thakurwadi. Ram Rajeshwar Das filed Succession Case No. 188 of 1961 on the basis of Will dated 21.12.1952, whereas Chandra Mani Das filed a case for letter of administration on the basis of Will executed in his favour on 02.08.1960, which was registered as L.A. Case No. 17 of 1963. The L.A. Case No. 17 of 1963 was contested by Ram Rajeshwar Das and as a result, the same was converted into Title Suit No. 22 of 1966.

5. Both the Succession Case No. 188 of 1961 and Title Suit No. 22 of 1966 were heard analogously. On adjudication, Succession Case No. 188 of 1961 was allowed in favour of Ram Rajeshwar Das on contest whereas Title Suit No. 22 of 1966 was dismissed and grant of letter of administration in favour of Chandra Mani Das was refused. The matter was agitated by Chandra Mani Das upto Hon’ble Supreme Court, which stood dismissed. Ultimately, Ram Rajeshwar Das was found to be legally appointed Mahant of Baba Bhikham Das Thakurwadi by his Guru Mahant namely Ram Krishan Das. Thereafter, Ram Rajeshwar Das filed Execution Case No. 01 of 2000 for executing the decree passed in his favour against Chandra Mani Das and during the pendency of the said Execution Case No. 01 of 2000, Ram Rajeshwar Das died on 01.01.2003, whereupon, Mahant Rama Kant Das claiming himself to be CHELA on the basis of his alleged Will executed by Ram Rajeshwar Das, filed application for being substituted in his place. It is relevant to mention here that Chandra Mani Das also died on 15.12.2004, whereupon, Vimal Das, Jay Narayan Das and Sarvesh Das had also filed an application for being substituted in place of Ram Rajeshwar Das and the said execution remained pending for adjudication. The said Vimal Das filed Probate Case No. 65 of 2003 for being declared successor of Ram Rajeshwar Das on the strength of Will, executed by Ram Rajeshwar Das. Further, Mahant Jay Narayan Das also filed Probate Case No. 46 of 2005 on the basis of another Will executed by Ram Rajeshwar Das. It is mentioned that earlier the Hindu Religious Trust Board had appointed Ram Rajeshwar Das as Mahant on 15.07.1996. The said order was challenged before the District Judge, which was affirmed by order dated 05.02.2001, passed in Misc. Case No. 56 of 1997.

6. Against the said order Chandra Mani Das preferred Miscellaneous Appeal bearing M.A. No. 205 of 2001, which was finally disposed of by order dated 11.04.2007 by this Hon’ble Court, allowing th