JUDGEMENT
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(1.)IT is a second appeal filed by the plaintiff under section 100 of C.P. Code against the judgment and decree dated 24.6.2002, passed by learned
Additional District Judge, Rajgarh (Biaora) in C.A. No. 21A of 2002
which in turn arise out of Civil Suit No. 49A of 1989, decided by Civil
Judge Class I,. Khilchipur, on 25.2.2002. The question that arises for
consideration in this appeal is, whether this appeal involves any
substantial question of law as contemplated by section 100 of CP. Code
for admission of this appeal ?
(2.)HEARD Shri G.S. Gokhle, learned counsel for the appellant on the question of admission.
Having heard the learned counsel for the appellant and having perused the record of the case. I find no substantial question of law involved in
appeal and hence, it merits dismissal in limine.
(3.)IT is a suit to claim declaration that the temple in question as also the properties attached to it are personal or / and private properties of the
plaintiff and hence, declaration to that effect be granted.
In the opinion of learned first appellate judge and in my opinion
rightly, the plaintiff failed to prove his ownership over the temple as also
on the properties recorded in the name of temple.
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