- (1.) This appeal is preferred against the judgment dated 13.10.2011 passed by the High Court of Madhya Pradesh, Indore Bench in Second Appeal No.412 of 1998 which was preferred by the respondents herein. By the said judgment respondent's appeal was allowed reversing the judgment and the decree passed by the two courts below.
(2.) When the matter was called out nobody appeared on behalf of the appellants. Instead of dismissing the matter in default or for non-prosecution, we deemed it proper to go through the judgment and the material available on record and decide the same on merits with the assistance of learned counsel for the respondents.
(3.) As can be seen from the judgment of the High Court, the respondents herein had filed a suit for declaration that they have right to manage the disputed temple which is a private property and for injunction restraining the appellants herein not to interfere with the said suit property.;