ORDER :

Manoj Kumar Gupta, J.

Ref:- C.M. Abatement Application No. 329672 of 2013

1. Heard counsel for the parties.

2. Respondents no. 4 and 5 have filed the application stating that petitioner no. 3 had died long back but his heirs and legal representatives having not been brought on record, the instant petition has abated and be dismissed accordingly.

3. Sri H.R. Mishra, learned senior counsel appearing on behalf of the petitioners submitted that petitioner no. 3 (defendant no. 3 in the suit) was impleaded in the suit on the allegation that he was interfering in the management of the temple by plaintiff no. 2, who claimed to be sole Sarvarakar of plaintiff no. 1 (deity). A written statement was filed by defendants no. 1 and 2 and in para 19 thereof, it is stated that a Committee was constituted for managing the affairs of the temple. Defendant no. 3 (petitioner no. 3 herein) was one of the members of the said Committee. It is urged that since the dispute in the suit does not relate to any personal right to property but right of management of the temple, being member of the Committee, therefore, after death of petitioner no. 3, the petition would not abate.

4. Counsel for respondents no