Dev Kant Trivedi, J. - (1.) THIS appeal Is directed against the order dated 22nd November. 1988 passed by Sri B. S. Yadav. Civil Judge, Lakhimpur Kheri in Suit No. 41 of 1985. whereby he allowed application under Order XL. Rule 1, C.P.C. moved on behalf of the plaintiff-respondent No. 1 and appointed Sri Uma Nath Gupta, Advocate as Receiver of the property in dispute.
(2.) PLAINTIFF-respondent No. 1 Mahant Ram Priya Das filed Suit No. 41 of 1985 against defendant-appellant Mahant Kaushal Kishore Sharan alias 'Phalahari Baba and defendant-respondents No. 2 to 8 for permanent injunction restraining defendant-appellant and defendant-respondents No. 2 to 5 and 8 from interfering in the possession of the plaintiff-respondent No. 1 relating to the properties situated In district Lakhimpur Kheri, Ghazlpur and Lucknow and belonging to Sri Raj Gopal Mandir Trust. The plaintiff respondent also sought for the relief of mandatory injunction requiring the delivery of possession of the properties of Sri Raj Gopal Mandir Trust situated at Ayodhya, district Faizabad. The relief of possession was sought for from defendant-appellant and defendant-respondents No. 2 to 5. The defendant-respondent No. 8 Rajesh Kumar was impleaded by means of an amendment. By amending the plaint the plaintiff-respondent No. 1 also sought for a declaration that he is the sole and exclusive Mahant and Sarvarakar of Sri Raj Gopal Mandir Trust and entitled to administer the movable and immovable properties of the trust. The case of the plaintiff-respondent Mahant Ram Priya Das is that Late Sri Madhu Sudan Das was the Mahant and Sarvarakar of Sri Raj Gopal Mandir Trust, Ayodhya having been so appointed by District Judge, Faizabad in Civil Misc. Case No. 3 of 69. A will was executed by Sri Madhu Sudan Das, whereby the plaintiff-respondent Mahant Ram Priya Das was appointed as successor and the will was delivered for safe custody to Sri Avadh Naresh Tewari. Advocate, defendant-respondent No. 2 and a receipt thereof was obtained. Mahant Sri Madhu Sudan Das died on 18.6.1985 leaving behind the plaintiff-respondent No. 1 as his successor, Sarvarakar and Mahant Ram Priya Das pleaded to have stayed at Ayodhya for some time and thereafter came to visit Lakhimpur where he was informed that Kaushal Kishore Sharan. defendant-appellant in collusion with defendant-respondents No. 2 to 5 has started professing to be the Mahant and Sarvarakar of Sri Raj Gopal Mandir Trust. The defendant-appellant and defendant-respondents No. 2 to 5 tried to squander away the properties of the trust Raj Gopal Mandir and they also tried to take possession of the properties at Lakhimpur, Lucknow and Ghazipur and as such the suit was filed. Defendant-respondent No. 8 Rajesh Kumar Das also professed to be the Mahant and Sarvarakar as successor of Mahant Madhu Sudan Das by virtue of a registered will dated 17th June. 1985 alleged to have been executed by Late Mahant Madhu Sudan Das. According to the plaintiff-respondent No. 1 Mahant Ram Priya Das. the will in question is fictitious and fabricated and that Kaushal Kishore Sharan had also never been installed as Mahant and that the photographs filed by Kaushal Kishore were of a functioning of which he was the chief guest. Plaintiff-respondent No. 1 also pleaded that in his own life-time, Mahant Madhu Sudan Das had executed the will in his favour on 3rd February. 1981. but Awadh Naresh Tewarl. defendant-respondent No. 2 has withheld the will having colluded with the defendant-appellant. An application was moved on behalf of the plaintiff-respondent No. 1 for appointment of a Receiver. This application was moved on 25.5.1987. Earlier an application for temporary injunction was moved and an interim injunction was granted, which was. however, vacated on 13.9.1985 and F.A.F.O. filed against the said order is pending in this Court. The plaintiff-respondent No. 1 Mahant Ram Priya Das alleged that the valuable gold ornaments have been removed from the temple at Ayodhya, the silver coins have been taken out and other properties are likely to be misappropriated by the defendant-appellant and others. Objections against the said application under Order XL were filed on behalf of Kaushal Kishore Sharan alleging that he himself Is the Sarvarakar and Mahant of Trust Raj Gopal Mandir. Ayodhya according to the trust deed having been appointed according to the custom of Sadhu SamaJ on 1.7.1985 and the entire property of the trust including that situated in district Lakhimpur is in his possession. It was further alleged that a case under Section 395, I.P.C. was registered against the plaintiff-respondent and the plaintiff-respondent is facing prosecution. It was denied that the property of the trust was being in any way damaged. Another suit has been filed by Rajesh Kumar Das, defendant-respondent No. 8 in the Court of Civil Judge, Faizabad against the plaintiff-respondent and defendant-respondents for permanent injunction restraining the defendants of that Suit No. 129 of 1985 from interfering in his possession over the properties of Mandir Raj Gopal, Ayodhya, Faizabad.
(3.) THE learned Civil Judge after hearing the respective contentions of the parties passed the impugned order which has been challenged in the present appeal. We have heard the learned counsel of the parties.;