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2010 Supreme(All) 1932

PRADEEP KANT, RITU RAJ AWASTHI
Shobha Ram – Appellant
Versus
State Of U. P. Through Prin. Secy. Religious Affirs Civil Sect – Respondent


Advocates Appeared:
Petitioner Counsel:- Pankaj Pandey,Girdhari Lal Shukla
Respondent Counsel:- C.S.C.

JUDGMENT

1. Counter affidavit filed to the affidavit filed in support of the impleadment application is taken on record.

Heard Sri Pankaj Pandey appearing for the petitioners as well as Sri Rama Kant Dixit holding brief of Sri Girdhari Lal Shukla, appearing for the applicant seeking impleadment and Sri A.K. Bhatnagar for respondents no.1 to 3.

2. The facts which are relevant for the purpose in the writ petition are that Baba Prithavi Nath Mahadev Temple is situated in Village- Pachran, Post Jhalidham, Pargana, Tehsil and District Gonda, over which a dispute regarding management occurred and a suit no.67 of 1985 was filed by Sri Mahadeo under Section 92 of the Code of Civil Procedure. The suit was filed in the year 1985 and on 4.4.2007 the Civil Court appointed the District Magistrate, Gonda as receiver of the said temple. On 21.5.2007 the District Magistrate took over the charge of the temple. Against the appointment of receiver F.A.F.O. No.389 of 2007 was filed by Sita Ram and others. The aforesaid suit no.67 of 1985 was dismissed on 19.11.2008 and the interim order dated 4.4.2007 whereby the District Magistrate, Gonda was appointed receiver, was discharged on specific terms. It is












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