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2005 Supreme(All) 736

Shrinath Goswami, Gopinath Goswami both sons of Sri Shyam Bihari Goswami – Appellant
Versus
Civil Judge (Junior Division), Sri Budhi Sagar Mishra presently posted as Civil – Respondent


Advocates:
M.K.Gupta, S.V.GOSWAMI, SANJAI GOSWAMI,

A. P. SAHI, J.

( 1 ) THE present petition has been preferred by three petitioners claiming themselves to be the shebait Goswamis who have right of worship and mananagement in the affairs of ancient Hindu dedicated to Lord Krishna popularly known as. "thakur Behariji Maharaj" established several centuries ago. The right to perform Sewa, Puja and Bhog at the temple is state to be the exclusive right of the Goswami sect of which the petitioners are the members. Initially the aforesaid right was exercised by three branches of the same sect who were entitled to perform the sewa of Shringar Bhog, Raj Bhog and Shayan Bhog. The Branch of the community which performed the sewa of Shringar Bhog became extinct whereas the families performing Raj Bhdg and Shayam Bhog continue to exist even today. On the extinctioin of the branch of the family which was performing Shringar Bhog, the other two branches who I performing sewa of Raj bhog and Shayan Bhog have taken performance of the sewa of Shringar Bhog as well by turn. In the year 1938 differences arose between Goswamis of the aforesaid two branches of Raj Bhog and Shayan Bhog including the issue of distribution of the receipts of offering in the















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