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2018 Supreme(All) 2079

SUDHIR AGARWAL
RAM SEWAK – Appellant
Versus
LAXMI NARAIN – Respondent


Advocates:
Counsel :
K.N. Saxena, Anand Prakash Paul, Brij Bhushan Paul, D.K. Gupta, Udai Narain Khare and Pramod Kumar Srivastava for the Appellant; M.C. Dwivedi, B.N. Agarwal, Kamlesh Kumar and Narendra Kumar Chaubey for the Respondent.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This is defendant’s appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as “Code”) arising from judgment and decree dated 25.4.1980 passed by Sri Santosh Kumar Misra, District Judge, Jhansi in Civil Appeal No. 197 of 1979 allowing appeal partly after setting aside judgment and decree dated 2.8.1979 passed by Sri R.S. Morya, Munsif, Court No. 4, Jhansi in Original Suit No. 365 of 1972 whereby suit was dismissed. Lower Appellate Court (hereinafter referred to as “LAC”) has decreed the appeal partly directing defendants to remove from working as Pujari or even as Manager of disputed temple and properties attached with temple. Defendants were also permanently restrained from interfering in plaintiff’s management of disputed temple and from interfering in plaintiff’s appointment of another Prabandhak of disputed temple and properties attached with it. LAC has further clarified that plaintiff shall have no right to transfer or gift away in any manner disputed temple or properties attached therewith and plaintiff shall be merely a Shebait-cum-Manager thereof. However, plaintiff can let out disputed houses, shops and trees o



























































































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