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1999 Supreme(Ori) 18

P.K.MISRA
BRUNDABAN SAMARTHA – Appellant
Versus
SHIBA SAMARTHA – Respondent


Advocates Appeared:
A.R.DAS, B.DAS, B.H.MOHANTY, D.K.Nayak, D.P.MOHANTY, I.C.DAS, J.Patnaik, N.DAS, N.LENKA, P.K.MOHANTY, P.K.MOHAPATRA, P.K.NAYAK, S.K.MOHANTY, S.K.PARDHYq.

P. K. MISHRA, J.

( 1 ) PLAINTIFFS have filed this second appeal challenging the dismissal of their suit for a permanent, injunction restraining defendants 1 and 2 from selling Ghee Dipa or Maha Dipa or any other substitutes in the temple premises of Lord Lingaraj. In the suit, the Executive Officer of Lord Lingaraj Temple, has been arrayed as proforma defendants No. 3, but no relief is claimed against defendant No. 3. Both the Courts below have negatived the claim of the plaintiffs. During the pendency of the Second Appeal, a compromise petition has been filed which has been signed by plaintiff-appellants and defendant No. 2-respondent No. 2.

( 2 ) THE plaintiffs claim that they are doing 'samartha Seva' for five days a month after death of their father Banchhanidhi Samartha. It is further claimed that Bula Samartha and Raghu Das were also rendering 'samartha Seva' in the temple of Lord Lingaraj, but after they died issueless, the Board of Trustees of Lord Lingaraj assigned their duties to Banchhanidhi Samartha who was given the exclusive right to sell Ghee Dipa in the temple premises on payment of Salami of Rs. 120/- per year as per the resolution passed by the Board. It is furt





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