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2018 Supreme(Raj) 442

PRAKASH GUPTA
Pt. Bansidhar Sharma Devagya – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellants : Mr. R.K. Agarwal, Senior Counsel assisted by Mr. Mamoon Khalid & Mr. Ram Rakh Sharma
For the Respondents: Mr. N.K. Maloo, Senior Counsel assisted by Mr. L.L. Gupta

JUDGMENT :

1. The instant first appeal under Section 96 of the CPC has been preferred against the judgment and decree dated 26.11.1977 passed by the Additional District and Sessions Judge No.1, Jaipur City (hereinafter referred to as 'the trial court') whereby the trial court dismissed suit No.71/1974 (86/1981) filed by Shri Banshidhar Sharma, who died during the pendency of the suit. For the sake of convenience, the parties will be hereinafter referred to as the plaintiff and the defendant.

FACTS IN BRIEF

2. Plaintiff filed a suit in the trial court wherein a prayer was made that the defendants may be restrained from interfering or in any way disturbing the management and affairs including Seva Puja and Bhograg of the temple of Thakurji Shri Mahadevji and Thakurji Shri Laxmi Narainji and the properties in possession of the plaintiff. Besides this, other relief was also claimed.

It is averred in the plaint that the temple of Thakurji Shir Mahadevji situated in the South Eastern quadrant of Choper Sanganer, now known as Baiji Ka Khanda, was founded, worshiped and managed as their ow




















































































































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