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2024 Supreme(All) 692

AJIT KUMAR
Satish Chandra Mishra – Appellant
Versus
Shri Gopal Mandir Virajman Thakur Ji Maharaj And Radha Ji – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prakhar Saran Srivastava,Tarun Agrawal
For the Respondent: Ashish Kumar Singh,Pratik Chandra

JUDGMENT :

Ajit Kumar, J.

1. Heard Sri Tarun Agrawal, learned counsel for the petitioner and Sri Ashish Kumar Singh, learned counsel for the respondent.

2. Petitioner before this Court is admittedly a tenant in the suit property and it is for his ejectment that Small Cause Suit No. 2 of 2018 has been instituted before the Judge, Small Causes, Pilibhit by the contesting respondent who claimed to be a Trust managing the affairs of the Temple namely Gopal Mandir Virajman Thakur Ji Maharaj and Radha Ji.

3. Upon suit being instituted, petitioner moved an application under Section 23 of the Provincial Small Causes Court Act, 1887 for return of the plaint on the ground that there was serious title dispute between the contesting plaintiff/ respondent and one Naresh Chandra Agarwal who claimed himself to be Shebait of the Temple and it was in that capacity that Mr. Agarwal had instituted a regular suit seeking permanent prohibitory injunction, being Original Suit No. 195 of 2017.

4. Upon the said application filed under Section 23 of the Act being rejected by the Judge, Small Causes vide order dated 14.12.2022, petitioner preferred a revision being No. 30 of 2023 which also came to be dismissed

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