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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Ramchandra Ji Maharaj Virajman Mandir – Appellant
Versus
Sushil Maheshwari – Respondent
JUDGMENT :
ABDUL SHAHID, J.
1. Heard learned counsel for the plaintiffs/appellants and the learned counsel for the defendant/respondent.
2. The present appeal has been preferred against the judgment and order dated 13.1.2026, passed by the learned Additional District Judge/Fast Track Court No.1, Etawah, in Misc. Case (Under Section 92 of C.P.C.) No. 103 of 2021 (Ramchandra Ji Maharaj Virajman Mandir Ramtal and others Vs. Sushil Maheshwari since deceased and another).
3. The case of the appellants/plaintiffs is that plaintiff no.1 is a temple which is commonly known in the public at large as Shri Ram Chandra Ji Maharaj Mandir Ramtal, situated at village Aheripur, Pargana Bharthana, District Etawah (later referred as Temple). It is stated that it is very ancient temple. There is no information or knowledge of its establishment and by whom. The said temple is established for public uses for around hundred year ago. Normally, the Sarvarakar of the temple were Baba Bairagi. The succession has been transferred on the basis of Guru-chela principle. The plaintiff nos. 2 to 4 are Sadhu Sanyasi of Bairagi person, who does not having any domestic life. The plaintiff nos. 5 and 6 are also resident
The character of a temple as public or private is determined by its use for public worship and community management, not solely by registration status.
The court emphasized the necessity of establishing a clear and substantive interest and status of representation in public trust matters under Section 92 CPC to qualify for leave to sue.
The determination of a temple's status as public or private hinges on the right of public access and the evidence of dedication to public worship, not merely on the presence of public worship.
The position of Sarvarakar is not inheritable and requires legal appointment, especially under established public trust regulations.
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