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2022 Supreme(MP) 389

PRANAY VERMA
Suresh Chandra – Appellant
Versus
Giriraj Singh – Respondent


Advocates:
Vikas Rathi for appellants; Dattatrey Kale for respondents.

JUDGMENT

1. This appeal under Order 43 Rule 1(u) of the CPC has been preferred by defendants 1 to 3/appellants against the order dated 15.9.2021 passed in Regular Civil Appeal No.4/2016 and 17/2017 by the First Additional District Judge, Sardarpur, District Dhar whereby setting aside the judgment and decree dated 18.01.2016 passed in Civil Suit No.68-A/2017 by the Civil Judge, Class-I, Sardarpur, District Dhar, the matter has been remanded back to it for decision afresh as per directions contained therein.

2. The facts necessary for decision of this appeal are that plaintiffs/respondents 1 to 3 instituted an action before the trial Court for declaration that the temples in dispute are situated over their private suit lands hence are their private temples and suit lands are lands of temples and defendant No.1 is only a Pujari therein, for handing over possession of the suit lands and temples to a committee constituted by plaintiffs for their management, for removal of defendant No.1 as a Pujari and directing him to submit accounts of income from the temples before the Court and for permanent injunction restraining defendant No.1 from interfering with worship of plaintiffs and their f

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