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2017 Supreme(All) 905

ASHWANI KUMAR MISHRA
BADRI PRASAD – Appellant
Versus
GANESH PRASAD – Respondent


Advocates:
Counsel :
Rishi Maurya, A.K. Srivastava, Amit Saxena, Arvind Srivastava, Kunal Ravi Singh, R.S. Maurya, Rakesh Kumar, Rakesh Kumar Singh, V.K.S. Chaudhary and Vimal Rai Singh for the Appellants; K.M. Dayal, Abha Gupta, Kailash Srivastava, R.A. Khan, Raj Kishore Pandey, Ram Gupta, Ram Kishore Pandey, Ravi Kishore Pandey, S.M. Dayal, S.N. Agarwal, S.P. Pandey, S.R. Gupta and Vikash Srivastava for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—Defendants appellants have filed present appeal under Section 96 of the Code of Civil Procedure challenging the judgment and decree passed by the District Judge, Banda, dated 4th October, 1976, in Original Suit No. 12 of 1967. The decree, under challenge, provides as under :

“The suit of the plaintiffs is, therefore, decreed and the following scheme for the management of the temple is drawn up. The plaintiffs are appointed ad hoc trustees to act as such and manage the properties of the temple and to look to the worship of the temple till properly selected committee consisting of five members known as President, Secretary, Treasurer and two as members is constituted under the scheme to look after the management of the temple. This committee of five persons will be regarded as the sole trustees appointed under the deed and will have full powers to carry out the worship and Puja of the deity according to the tenants of the donor. The committee will maintain and prepare a list of voters in accordance with the electoral roll for U.P. Assembly. All persons entered in the Electoral Roll for the time being who are shown as Hindus will have a right o
















































































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