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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
JASPREET SINGH
Thakur Ramjanki Birajman Mandir, Thru. Sarbarahkar Mahant Narayan Achari – Appellant
Versus
Shatruhan Singh – Respondent
| Table of Content |
|---|
| 1. grounds for challenging the order under section 92 cpc. (Para 2 , 3 , 4) |
| 2. background of the property and previous litigation. (Para 6 , 7 , 8) |
| 3. requirements for establishing a public trust. (Para 9 , 10 , 11 , 12 , 13) |
| 4. proof and implications of the alleged will. (Para 14 , 15 , 16 , 18) |
| 5. conclusion regarding the sustainability of the district judge's order. (Para 19 , 20) |
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri I. D. Shukla, learned counsel for the revisionists and Dr. R. S. Pandey, learned Senior Counsel assisted by Shri Virendra Bhatt for the respondents.
2. Under challenge is an order dated 28.07.2023 passed by the District Judge, Ayodhya in Civil Miscellaneous Case No.32 of 1994 whereby an application moved by the respondents under section 92 CPC has been allowed.
3. Learned counsel for the revisionists has assailed the order impugned on three grounds:
(i) In order to allow an application under section 92 CPC, the Court must be satisfied that the application in question relates to a public trust and in absence of any cogent finding on this regard an application cannot be allowed.
(ii) It is also urged that in the instant case the property which is said to b
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