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2004 Supreme(Guj) 334

C.K.BUCH
AJENDRAPRASADJI NARENDRAPRASADJI PANDE – Appellant
Versus
SWAMI KESHAVPRAKASHDASJINARAYANPRAYDASJI – Respondent


Advocates Appeared: A.S.VAKIL, M.R.SNSHELAT, P.M.RAVAL, PRASANG G.DESAI, PRASHANT G.DESAI, S.B.VAKIL

C. K. BUCH, J.

( 1 ) THIS Appeal from Order under O. 43 R. 1 (r) of code of Civil Procedure (CPC for short) is preferred by the appellants- original defendants against the order dated 1. 10. 2002 (hereinafter referred to as "impugned order"" passed by ld. 3rd Jt. Civil Judge (S. D.), nadiadbelowapplicationexh. 5 in Spl. Civil Suit no. 156/2002. By the impugned order, ld. Civil Judge has allowed the application exh. 5 and has granted prohibitory order restraining the appellants-original defendants from acting for themselves and with their supporters and entering the temple under Vadtal Gadi at Vadtal, Gadhada, junagadh region under the pretext of carrying of "dhoon" without prior permission of the Managing Trust Board or the Government and not to organise any meeting in the above-said areas. Appellant no. 1 is further restrained by the order under challenge from discharging and/or performing any activities as "acharya"tillfinal disposal of the suit.

( 2 ) BEINGAGGRIEVEDANDDISSATISFIED with the impugned order dated 1. 10. 2002, the present appeal is preferred on various grounds stating out mainly in para-3 of the appeal and it is submitted that the order under challenge is even otherw




















































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