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2011 Supreme(MP) 133

N.K.MODY
Murti Shri Ram Mandir – Appellant
Versus
State of M. P. – Respondent


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Advocates Appeared:
P.R. Bhatnagar for appellants;
Mrs. Rashmi Pandit, Govt. Advocate for respondents.

JUDGMENT

1. Being aggrieved by the judgment dated 16.9.10 passed by II ADJ, (Fast Track), Jaora Distt. Ratlam in Civil Appeal No. 13-A/10, whereby the judgment dated 28.4.10 passed by Civil judge, Class-I Jaora in Civil Suit No. 85-A/06, whereby the suit filed by appellants for declaration was dismissed, was maintained, present appeal has been filed.

2. The appeal was admitted for final hearing on the following substantial questions of law:-

i. Whether in the facts and circumstances of the case learned Courts below committed error in dismissing the suit?

ii. Whether the learned Courts below committed error in not taking into consideration settled position of law that the name of Pujari cannot be deleted in land records by an executive instruction?

3. Short facts of the case are that the appellants filed a suit on 6.4.06 for declaration alleging that Shri Ram Mandir is situated at Piploda. It was alleged that temple is owned by appellants Nos. 1 & 2. It was alleged that previously the temple was looked after by Guru Mohandasji and after his death appellant No. 2 & 3 being disciple are looking after the temple. It was alleged that earlier Guru Balakdasji filed a suit relating to the tem










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