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2000 Supreme(HP) 17

KAMLESH SHARMA, SURINDER SARUP
OM PARKASH – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Mr. D.D. Sood, Senior Advocate, with Mr. Ankush Sood, Advocate, for the Appellants; Mr. R.M. Bisht, Assistant Advocate General, for the Respondent Nos. 1, 11 to 13 & 15 to 17; Mr. K.D. Sood, Advocate, ror the Respondents No. 2 to 8, 10 and 18.

JUDGMENT

Ms. Kamlesh Sharma, J.—The appellants are the plaintiffs, whereas, respondents are the defendants and they will be referred to as such in this judgment. Plaintiff No. 5 is a temple by the name Shri Nandikeshwar Ji and it has sued through plaintiffs No. 1 to 4. On the other hand, defendant No. 1 is the State, defendant No. 2 is the Temple Commissioner and defendants No. 3 to 7 are the Members of the Managing Committee of the temple Shri Chamunda Nandikeshwar.

2. The plaintiffs are aggrieved by the impugned decree and judgment dated 5.7.1997 passed by District Judge, Kangra at Dharamshala, whereby their suit for declaration and consequential relief of parmanent prohibitory injunction has been dismissed. The plaintiffs claim that plaintiff No. 5, temple Shri Nandikeshwar Ji is their private temple and they being owners in possession of the same and the property attached thereto, the defendants have no right, title and interest in it and the notification No. Bhasha-F(4)8/ 92 dated 24.2.1994 whereby the said temple alongwith temple Shri Chamunda Devi Ji has been included at Sr. No. 19 in Schedule-I of the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowme






















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