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HIGH COURT OF MADHYA PRADESH
G.S.AHLUWALIA
State of M.P. Through Collector – Appellant
Versus
Mandir Shri Ganeshji Situated – Respondent
JUDGMENT
G. S. AHLUWALIA, J.
Heard on I.A. No. 5512/2025, an application for condonation of delay in filing an application for setting aside abatement of appeal qua respondent No. 1(i) Sudhakar Rao Dixit, as well as on I.A No. 5505/2025, an application under Order 22 Rule 4, 9, 11 of CPC for setting aside abatement as well as for taking legal representatives of respondent No. 1(i) Sudhakar Rao Dixit, who expired on 11.5.2002, on record.
2. For the reasons mentioned in the application, I.A. No. 5512/2025 is allowed and delay in filing an application for setting aside abatement of appeal qua respondent No. 1(i) is hereby condoned.
3. As a consequence thereof, I.A. No. 5505/2025 is also allowed and abatement of appeal qua respondent No. 1(i) Sudhakar Rao Dixit is hereby set aside and his legal representatives are taken on record.
4. Heard on I.A. No. 5508/2025, an application for condonation of delay in filing an application for setting aside abatement of appeal qua respondent No. 1(c) Narain Das Dixit, as well as on I.A No. 5506/2025, an application under Order 22 Rule 4, 9, 11 of CPC for setting aside abatement as well as for taking legal representatives of respondent No. 1(c) Narain Das
A pujari's role does not confer ownership rights over temple property, which vests in the deity and is managed by the State.
(1) Right to alienate properties of temple – Pujari cannot be treated as a Bhumiswami. Pujari does not have any right in land and his status is only that of a manager. Rights of Pujari do not stand o....
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 position of Sarvarakar is not inheritable and requires legal appointment, especially under established public trust regulations.
Civil courts lack jurisdiction over disputes involving religious properties when necessary parties, specifically deities, are absent; such matters should be resolved under the relevant endowment act.
The main legal point established in the judgment is that in a dispute over temple rights, the courts may determine the issue of title in a suit for injunction if the matter involved is simple and str....
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