( 1. ) THIS first appeal has been filed under Section 96 of the Code of Civil

procedure by the appellants-plaintiffs against the judgment and decree dated 15-10-2004, passed by the First Additional District Judge, Gwalior in Civil Suit no. 03-A/2001.

( 2. ) THE plaintiffs filed a suit in representative capacity under Order 1 rule 8 of Civil Procedure Code for declaration and permanent injunction. They pleaded that the temple of Hanumanji, Shivji, Parvatiji, Ganeshji, Nadiyaji and bharonji, is situated at Indore Balon Ka Bada, Dal Bazar, Lashkar, Gwalior. The temple is hundred years old. An open space is also available around the temple. Number of persons used to come to worship at the temple. However, the defendant is trying to raise a construction over the place of temple. He is also trying to destroy the temple and convert the place of temple in a private property. The defendant No. 1, has an intention to construct a godown in place of temple. Initially, Rambabu Agarwal was added as defendant No. 1 and, subsequently, two other persons, namely, Mr. Balkishan and Ayodhya Mandir trust has been added as defendants. During pendency of suit, Rameshwar dayal, who is original plain