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SUNITA YADAV
Prakashveer Sharma – Appellant
Versus
Murti Shri Dwarikadheesh Maharaj – Respondent
JUDGMENT
SUNITA YADAV, J. - Present first appeal has been filed under Sec. 96 CPC against the judgment and decree dtd. 15/5/2002 passed by Third Additional District Judge, Gwalior in Civil Suit No. 85A/1994, whereby civil suit filed by the respondent/plaintiff for declaration and permanent injunction has been decreed.
2. The facts in brief to decide the present appeal are that a civil suit was filed by deity through the Society registered under M.P. Societies Registration Act, 1973 (hereinafter referred to as the society). It is the case of the plaintiff that one temple in the name of Murti Shri Dwarikadheesh Ji Maharaj is situated on Gandhi Road, Morar, Gwalior. The deity is situated in a very big compound and the temple consists of residential portion and shops. As per plaintiff, the temple is being managed by one committee which is registered as Murti Shri Dwarikadheesh Ji Maharaj and which was registered on 24/4/1980. It is pleaded by the plaintiff that the temple was constructed prior to 100 years of filing of suit by Seth Kanhaiyalal Khandelwal. The main temple also consist of statue of various other gods and goddesses. During the life time of Seth Kanhaiyalal, the affairs of
The main legal point established in the judgment is that the determination of whether a trust is public or private depends on the intention of the donors and the nature of the beneficiaries. The cour....
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 main legal point established in the judgment is that the Civil Court had no jurisdiction to entertain the suit as the properties were registered as Trust property under the Bombay Public Trust Ac....
The main legal point established in the judgment is the requirement to file an application under Section 92 C.P.C. for managing public trusts involving public charity, and the necessity to implead th....
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