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1981 Supreme(All) 856

C. S. P. SINGH
Sudarshan Dharma Setu Samiti – Appellant
Versus
Swami Rangacharya – Respondent


ORDER

C.S.P. Singh, J. - This petition is directed against an interim injunction issued against the nine petitioners in a suit filed by opposite parties 1 & 2.

2. The opposite party No. 2 to the petition is a deity, and opposite party No. 1 is the Sarvakar and Sabait of the deity. The deity and Swami Rangacharya, the Sarvakar and Sebait have filed suit No. 64 of 1980 in the court of the Munsif, Hardwar. The present petitioners were arrayed as parties as defendants. The first defendant, according to the plaint was an unregistered society, and the remaining, members of that society. It was alleged in the plaint that Swami Sudarshanacharya had purchased a piece of land, and built a temple, and installed a deity, who is opposite party No. 2 in the petition, and plaintiff No. 1 in the suit. All these properties had been dedicated by Swami Sudarshanacharya to the deity, and he remained a Sarvakar and Sebait of the deity during his lifetime. On 15-6-1963 he executed a registered will and appointed Swami Rangacharya to be the Sarvakar and Sebait after his death. A reference at this stage may be made to the will, which is Annexure 11 to the counter affidavit filed on behalf of opposite parti

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