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PANKAJ MITHAL
Swami Sadguru Sharnanand Ji Maharaj – Appellant
Versus
Hari Kumar – Respondent


Counsels for the Parties:
For the Revisionist:M.K.Gupta, Deo Dayal, Advocates.
For the Opposite Parties:Rajendra Prasad Singh, Advocate.

JUDGMENT

Pankaj Mithal, J.— The present revision is an outcome of the third suit in connection with the Mahantship of the Math Garhwa Ghat of “Sant Mat” Sampradaya, Varanasi.

2. The litigation in connection with the properties and Mahantship of the Math started in the year 1951 and is still continuing despite an elaborate and comprehensive decision of the Supreme Court in the first round of litigation arising with the institution of Original Suit No.469 of 1951.

3. The plaintiff/respondents in continuation of the earlier litigation instituted Original Suit No.1098 of 2010 Hari Kumar and others v. Devnath Yadav alias Mahant Swami Sharnanand Ji Maharaj primarily for a decree of declaration that the aforesaid Devnath Yadav and all persons claiming through him are not entitle to hold the office of Mahant of the aforesaid Math as he was not a Sanyasi/Chela who was ever installed as Mahant.

4. The defendant/revisionist in the said suit filed application (paper No.64 Ga) under Order VII, Rule 11 CPC for rejection of the plaint on two grounds: (1) that there is no cause of action to the plaintiff/respondents for the suit; and (2) that the suit is barred by limitation.

5. The aforesaid applica




































































































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