A.K.RATH
Ramakrushna Mudra – Appellant
Versus
Raghunath Mudra – Respondent
JUDGMENT :
A.K. Rath, J.
This petition assails the order dated 15.2.2016 passed by the learned Civil Judge (Jr.Division), Puri in Civil Suit No.81 of 2004. By the said order, the learned trial court rejected the application of the petitioner under Order 1 Rule 10 C.P.C. for impleadment.
2. Opposite party no.1 as plaintiff instituted Civil Suit No.81 of 2004 in the court of the learned Civil Judge (Jr.Division), Puri for declaration that he has right, title and interest to perform Mudra Seva Pali in Shree Jagannath Temple, Puri as the successor of late Jagannath Mudra, the order passed in Sadhi Bandha Misc. Case No.4 of 1995 is illegal and inoperative and for permanent injunction impleading the opposite parties 2 to 6 as defendants. The case of the plaintiff is that Artatrana Mudra is the common ancestor of the parties. He had three sons, namely, Loknath, Chintamani and Jagannath. They were performing Mudra Seva in Shree Jagannath Temple. Mudra Seva is heritable and transferable. Pursuant to the order dated 13.5.1980 in Case No.6 of 1979 of the Administrator, Shri Jagannath Temple, Puri-defendant no.5, Jagannath Mudra was performing Mudra Seva. After the death of Lokanath, Chintamani a
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