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2013 Supreme(Raj) 1463

VINEET KOTHARI
Shri Geeta Mandir Trust – Appellant
Versus
LR’s. of late Dwarka Das – Respondent


For the Petitioners-Defendants:Abhinav Jain, Advocate.
For the Respondents-Plaintiff:Mahesh Thanvi and Vinit Sanadhya, Advocates.

JUDGMENT

1. - This writ petition has been filed by the petitioners Shri Geeta Mandir Trust, Kamla Colony, Bikaner and two of the trustees Har Bhagwan S/O Botha Ram and Anil Kumar S/O Ram Chandra against LRs. of late Sh. Dwarda Das, the pujari of the temple, who died on 20.9.2012 being aggrieved by the order dated 12.3.2013 passed by the learned Additional Civil Judge (Junior Division), Bikaner in Civil Original Suit No. 418 of 2009, Dwarka Das v. Shri Geeta Mandir Trust and ors. whereby the learned trial Court in the suit for injunction filed by the respondent Dwarka Das, Pujari of temple trust known as Shri Geeta Mandir Trust at Bikaner, held that right to sue survives in the two sons of deceased Dwarka Das, namely, Rajendra Kumar and Basant Kumar and therefore, they deserve to be brought on record upon death of Pujari Dwarka Das on 20.9.2012.

2. The learned counsel for the petitioners -Temple Trust, Mr. Abhinav Jain relying upon the decision of this Court in the case of Shri Pratapmaj Dharewa Dadabari Trust v. Ganpat Das and ors.,- SBCWP No. 1404 of 2012 decided on 4.4.2013 submitted that the Pujari of the temple has no inheritable right and therefore, the learned trial Court










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