LAWS(PAT)-2007-7-116

CHANDRIKA TIWARY Vs. VIDYA SHANKAR DUBEY

Decided On July 16, 2007
Chandrika Tiwary Appellant
V/S
Vidya Shankar Dubey Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for respondent no. G - the Bihar State Hindu Religious Trust Board (hereinafter referred to as 'the Board ' for the sake of brevity). No one appears for other respondents.

(2.) I .A. No. 1191 of 2004 has been filed on 24.2.2004 on behalf of the appellants to stay the operation of the impugned judgment of the learned court below or in the alternative to appoint a suitable person as receiver for the purpose of managing the affairs of the deities and the suit properties. A counter -affidavit to the said interlocutory application has been filed by the Board (respondent no. 8), to which a rejoinder has been filed by the appellants.

(3.) LEARNED counsel for the appellants further submits that during the pendency of the instant First Appeal, the Board treating the Mandir as a public Trust framed scheme under sec. 32 of the Act by order dated 4.12.1987 appointing the Circle Officer, Jogapatti as its President, against which the appellants filed a petition 22.12.1987, whereupon the Chairman of the Board stayed the operation of the aforesaid order by his order dated 23.12.1987.