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2023 Supreme(Pat) 220

KHATIM REZA
Baba Bhikham Das Thakurwadi Nyas Samiti – Appellant
Versus
Mahant Jaynarayan Das – Respondent


Advocates:
For the Petitioners: M/s Ganpati Trivedi, Sr. Adv., Ashutosh Singh.
For the Opp. Parties : M/s Jitendra Kishore Verma, Ravi Raj, Sweta Raj.
For the Opp. Party No. 3 : Mr. Shekhar Singh.

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

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