JUDGMENT :

Dr. A.K. Rath, J.

This is an appeal against the judgment and decree dated 28.02.2014 and 14.03.2014 respectively passed by the learned District Judge, Keonjhar in R.F.A. No. 59 of 2011 confirming the judgment and decree dated 08.11.11 and 24.11.11 respectively passed by the learned Civil Judge (Sr. Divin.), Keonjhar in C.S. No. 125 of 2008.

2. The respondent as plaintiff instituted the suit for permanent injunction. The case of the plaintiff is that Sri Sri Balunkeswar Mahesh bije Atopur (Badasasan) is a public deity governed under the Orissa Hindu Religious Endowments Act, 1951. The Executive Officer is looking after the management and affairs of the deity. The suit schedule land belongs to the deity. The defendant has no semblance of right, title and interest over the property of the deity. It proposed to place tents on different parts of the suit land, use the suit land as kalyan mandap and allow different persons to utilize the suit land on different occasions for different purposes and let out the suit land to different business concerns to organize mina bazar by conducting opera show from 28.10.08 on the pretext of observing Kalipuja. The defendant has assessed a huge