HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No.1047 of 2025

09^th September, 2025

Hemant S. Thakur …………Petitioner

Versus

Shri Shri Radha Govind Dev Ji

Temple and others …………..Respondents ----------------------------------------------------------------------

Presence:-

Mr. Sandeep Kothari, Advocate for the petitioner-defendant.

Mr. Neeraj Garg, Advocate for the respondents-plaintiffs nos.1 to 6. ----------------------------------------------------------------------

Hon'ble Pankaj Purohit, J.

The present writ petition has been filed under

Article 227 of the Constitution of India by the petitioners, whereby the petitioner has challenged the order dated 24.07.2024, passed in Original Suit No. 16 of 2022, Shri Shri Radha Govind Devji Mandir and Others vs. Raju Bajaj and Others. By the said order, the application filed by the petitioner-defendant under Order VII Rule 11(d) of the

Code of Civil Procedure, 1908, was rejected.

2. It is contended by learned counsel for the petitioner-defendant that the original suit is not maintainable in view of the provisions of Section 50 read with Section 51 of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the “Act of 1950”),