JUDGMENT

A.S. NAIDU, J. : The judgment dated 6.5.2000 passed by the Commissioner Endowments, Orissa, Bhubaneswar in F.A. No.16 of 1998 confirming the judgment dated 26.9.1998 passed by the Addl.Assistant Commissioner of Endowments, Sambalpur in O.A. Case No.6 of 1997 declaring Sri Sri Radha Krushna Mohaprabhu Bije at Haldipali, P.O. : Satalma in the district of Bargarh to be a Hindu public religious endowment and that the petitioner Nos.2 to 4 are not the hereditary trustees, is assailed in this appeal filed under Section 44(2) of the Hindu Religious Endowment Act, 1951.

2. The appellant was opposite party No.7 in the O.A. Case before the Addl. Asst. Commissioner of Endowments. On the basis of a petition filed by Respondent Nos. 2 to 4 under Section 41(a)(c) and (d) of the Orissa Hindu Religious Endowments Act, 1951 (here-in-after called “the Act”) praying for a declaration that the deity Sri Sri Radha Krushna Mahaprabhu Bije,Haldipali is a public religious institution; that the said respondents were its hereditary trustees; and that the landed properties of the deity were religious endowments, the said O.A. Case was regis¬tered. According to the said respondents their ancestors al