JUDGMENT

1. Appellants have preferred this First Appeal against the judgment and decree dated 30.7.1987 passed by First Additional District Judge, Morena in Civil Suit No.3-A/78 decreeing the suit filed by the plaintiffs/respondents.

2. The admitted facts of the case are as under:-

(i) It is undisputed that one Temple of Kali Mai (deity) is situated at village Basaiya, District Morena (M.P.).

(ii) It is also admitted that property of temple is vested in Deity of Kali Mai.

(iii) It is also admitted that earlier the aforesaid temple was under the control of the then Aukaf Department.

(iv) SLP was preferred against the judgment dated 7.5.1999 passed by learned Single Judge of this Court, which has been set aside by Hon'ble The apex Court and matter has been remanded back to this Court observing as under:-

“It is common ground that the High Court while passing impugned judgment and decree dated 7.5.1999 in First Appeal No.39 of 1987 has not examined the material evidence. This itself vitiates its order.

Accordingly, we allow these appeals, set aside the impugned judgment and decree dated 7.5.1999 of the learned Single Judge and remit the matters back for re-consideration in