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2024 Supreme(Pat) 22

SUNIL DUTTA MISHRA
Vishnupad Bhagwan – Appellant
Versus
Bihar State Board of Religious Trust – Respondent


Advocates appeared:
For the Appellants : M/s Kamal Nayan Chaubey, Sr. Adv., Ambuj Nayan Chaubey, Ray Saurabh Nath, Shalini Sinha, Manjari Nath, Ritu Priyadarshini, Dineshwar Pandey, Prashant Kumar, Shashank Shekhar Dubey, Kumar Kartikeyan, Anil Singh.
For the Respondents: M/s Ganpati Trivedi, Sr. Adv., Mohit Kumar, Aishwariya Shree, Shekhar Singh.

Sunil Dutta Mishra, J.—This Second Appeal has been filed against the judgment and decree dated 14.12.2020 and 22.12.2020 respectively passed by learned Additional District Judge 1, Gaya in Title Appeal No.45 of 1993 whereby the said title appeal was allowed on contest and thereby set aside the ex-parte order dated 11.06.1993 and decree dated 15.06.1993 passed by learned Subordinate Judge IV, Gaya in Title Suit No.38 of 1977 (60 of 1992) decreeing the suit of the plaintiffs/appellants.

2. The plaintiffs/appellants filed Title Suit No. 38 of 1977 for declaration that the Vishnupad temple is a private temple of Gayawal Brahmin having right to manage the affairs of the temple and worship in accordance with the right of Vaishnav of Madhawa Sampradaya and it is not a public temple to be governed by the provisions of Bihar Hindu Religious Trust Act, 1950 and as such the defendants have no right to interfere or bring change in the mode of doing worship. It is also prayed that the defendants be restrained permanently from interfering with the right and possession of the plaintiffs in any manner whatsoever even by formation of any committee.

3. As per the plaint, the original plaintiff nos. 1

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