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2023 Supreme(Raj) 684

NARENDRA SINGH DHADDHA
Jain Shwetamber Shri Sangh Panjikrit Sanstha – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellants : N.K. Maloo, Pratyush Sharma.
For the Respondents: R.K. Agarwal, Adhiraj Modi.

JUDGMENT :

NARENDRA SINGH DHADDHA, J.

1. Instant appeal filed by the appellant-plaintiff (for short ‘the plaintiff’) against the judgment and decree dated 12.07.2019 passed by learned Additional District Judge No. 3, Ajmer in Civil Suit No. 22/2017 (CIS No. 307/2014) titled as Shri Jain Shwetamber Shri Sangh Panjikrit Sanstha through President vs. State of Rajasthan and Others by which trial court dismissed the plaintiff’s suit for declaration and permanent injunction.

2. Brief facts of the case are that the plaintiff filed a suit for declaration and permanent injunction against the respondents (defendants (for short ‘the defendants’) mentioning therein that the plaintiff is a representative body of Mandir Margi Sect of Jain religion in Ajmer. The suit property is situated at Ajmer consisting of 10 khasra numbers total admeasuring 10 Bighas 18 Biswas, which is surrounded by boundary wall and temple of Dadabari and Parshwanath deity, hostel, auditorium, Bhojanshala etc. were constructed there. Earlier the property was recorded in the name of ‘Mandir Margi Oswal Panchayat’ through its Mohatmim Seth Heera Chand Sancheti for last 80-90 years. In the year 1955, members of Mandir Margi Sect

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