RAJES KUMAR,J. - (1.) HEARD Sri Mridul Kumar, learned Counsel for the peti­tioner and Sri Tarun Tiwari, learned Counsel appearing on behalf of respon­dents.
(2.) THE present writ petition is against the order of the Additional District Judge, Court No. 13, Varanasi dated 11.8.2009 by which he has de­clared the compromise dated 15.12.1998 as null and void and set aside the de­cree dated 15.12.1998 passed in Appeal No. 183 of 1994 on the basis of the afore­said compromise and Appeal No. 183 of 1994 has been restored. The brief facts of the case are that there was a premises numbered as 65/479 Badi Piyari, Varanasi which was the property of Thakur Ramjanki Virajman Mandir Morardas Mohalla, Tulsibari, Ayodhya, Pargana Haveli Awash, Post Office, Ayodhya. Sri Raghubir Das was continuing as a Sewyet in which Sri Sailendra Kumar Das and Basant Das, tourists and worshippers were residing and the same being used as Dharamshala. In the premises there is a temple of Thakur Ramjanki and Hanuman Ji. The premises is not an indi­vidual property of anyone. It is claimed that Smt. Girja Devi got a sale deed dated 22.3.1982 executed in her favour by Sri Raghubir Das, who was the Sewyet of the temple. When this fact came in the knowledge of one Pujari Balak Ramdas Chela, Mahant Ram Sarandas a Suit No. 123 of 1987, Balak Ramdas Chela Mahant Ramsaran Das v. Thakur Ramjanki Mandir and others was filed in the Court of Judge Small Cause Court in which a declaration for set aside the sale deed dated 22.3.1982 was sought. The said suit was* decreed by the Trial Court on 8.12.1994 in which it has been held that the property belongs to deity and Thakur Ramjanki Virajman Mandir Morardas Mohalla Tulsi Vari Ayodhya, Faizabad has been held as a owner. Against the aforesaid order dated 8.12.1994, Smt. Girja Devi filed Appeal No. 183 of 1994. During the pendency of appeal, Balak Ramdas, who was the original plaintiff of the suit, died and the appellant has substituted Sri Raghubir Das in his place as the legal heir which has been accepted by the Court and accordingly the memorandum of appeal was amended. Subsequently, on the application, Sri Jai Prakash Das was impleaded in the appeal as the legal representative of Sri Balak Ramdas. In the said appeal, on 10.12.1998, 5.1.1999 was fixed for hearing. It appears that on 15.2.1998 Smt. Girja Devi and Mahant Raghubir Das presented a compromise before the Court wherein it was stated that the sale deed dated 22.3.1982 shall remain in existence and operation and the decree Will has no effect and the property in dispute shall be the property of Smt. Girja Devi and the respondents had no concern with the property. On the basis of the said compromise, the appeal was decided on 15.12.1998 and the compromise has been made as a part of the appellate decree. The effect of the order of the Appellate Court was that the decree passed by the Trial Court has been nullified and the appeal filed by Smt. Girja Devi stood allowed.
(3.) SUBSEQUENTLY , Sri Sailendra Kumar Das Chela late Balakram Das and Basant Das, son of late Lallu Das moved an application for setting aside the order dated 15.12.1998 on the ground that it was ex-parte and Sri Jai Prakash Das was not the legal heir of late Balakram Das and had no authority to enter into the compromise; since the property was owned by the deity before filing of the compromise, the permission should be sought from the Court which has not been obtained and inasmuch as no notice has been given to the Pujaris and with­out the knowledge of the interested persons, compromise letter has been pro­duced; after the death of Balakram Das nor they have been made as a party. Prayer has been made for the cancellation of the compromise. By the impugned order the application filed by Sri Sailendra Kumar Das and Basant Das has been allowed and order dated 15.12.1998 has been recalled the compromise let­ter dated 27.3.1982 has been held null and void.;