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1991 Supreme(All) 888

S.N.SAHAY
Mahant Baba Ram Nihal Das – Appellant
Versus
Ram Chander – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shafiq Mirza
For the Respondent: S.K. Mehrotra

JUDGMENT :

S.N. SAHAY, J.

1. This is a petition under Article 226 of the Constitution for quashing the order dated December 17, 1988 (Annexure 3) passed by the learned District Judge, Faizabad in Miscellaneous Civil Appeal No. 78 of 1988.

2. Ram Chandra Das has instituted a suit bearing No. 103 of 1978 against Ram Nihal Das and Vimaleshwaranand for permanent injunction in the Court of Civil Judge, Faizabad. He claims to be Mahant of the Gaddi of Samadhi Govind Sahib situate in village Ahirauli, Tahsil fanda, District Faizabad. The suit was contested by the Defendants who claimed to be Mahant of the said Gaddi. The Plaintiff moved application 6/C, for temporary injunction to restrain the Defendants from interfering in the peaceful discharge of his duties as Mahant during the pendency of the suit. The application was allowed by the learned Civil Judge by order dated December 7, 1978. An appeal was preferred against this order which was Misc. Civil Appeal No. 67 of 1978. The appeal was allowed by the learned Additional District Judge, Faizabad on November 23, 1979 and the application filed by the Plaintiff for temporary injunction, was rejected The Plaintiff filed Writ Petition No. 3398















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