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2014 Supreme(Raj) 1017

BELA M.TRIVEDI
Mahesh Chandra Swami (since deceased) through LR – Appellant
Versus
Smt. Bhagwati Swami – Respondent


Advocates:
For the Petitioner:R.P. Singh Senior Counsel with S.K. Saini, Advocate.

JUDGMENT

1. - The present writ petition has been filed by the petitioner-defendant, challenging the order dated 26.10.2013 passed by the Additional Civil Judge (Sr. Division) & Additional Chief Metropolitan Magistrate No.6, Jaipur Metropolitan (hereinafter referred to as "the trial court") in Civil Suit No.13/2003 (102/1997), whereby the trial court has allowed the application filed by the respondents-applicants for substituting them as the legal representatives of the original- plaintiff under Order 22, Rule 3 .

2. In the instant case, it appears that the original-plaintiff Shri Dinesh Chandra Swami had filed the suit seeking permanent and mandatory injunction against the original- defendant Shri Mahesh Chandra Swami in the year 1997, alleging inter alia that there were residential houses and shops in the campus of the temple named Madho Bihari Ji located at Station Road, established by Maji Sahiba Tanwarji from her personal income, and after her death her son late Maharaja Sawai Mansingh had gifted the entire property to their ancestor Shri Totaram Ji. It was further alleged that after the death of Shri Totaram Ji on 31.12.1949, the property was inherited by his sons, and that Shr




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