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2022 Supreme(Guj) 263

A.G.URAIZEE
Acharya Vishnuprasad Kandas – Appellant
Versus
Patel Tribhovanbhai Madhavlal – Respondent


Advocates Appeared:
For the Petitioner: Manan K. Paneri, Mr. Hemantkumar S. Sheth, Mr. Kashyap R. Ratnu.
For the Respondent: Mr. Jitendra H. Singh.

JUDGMENT :

1. Heard Mr. M.K. Paneri, learned advocate for the petitioner and Mr. J.H. Singh, learned advocate on caveat for the respondents.

2. The petitioner has preferred this petition under Articles 226 and 227 of the Constitution of India to assail the judgment and order dated 16.12.2021 passed by the 4th Additional District Judge, Mehsana at Visnagar in Civil Misc. Application No.4 of 2021 whereunder the order dated 23.7.2021 passed by the Additional Civil Judge, Visnagar below Exhibit 5 in Regular Civil Suit No.17 of 2020 came to be set aside.

3. Facts giving rise to the present petition are that the petitioner was working as a "Pujari" since last 18 years at the Mahakali alias Netreshwari Majati Temple at Village Bokarwada, Taluka Visnagar, district Mehsana. He was also allotted a residential quarter located in the premises of the temple in his capacity as a Pujari. It appears that owing to some dispute between the respondents and villagers, the petitioner came to be discontinued as Pujari with effect from 8.6.2020 and also directed to vacate the quarter given to him in his capacity as Pujari. The petitioner instituted Regular Civil Suit No.17 of 2020 in the Court of the Additi

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