JUDGEMENT
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(1.) This revisional application is directed against an order no. 8376
dated July 26, 2007 passed by the District Judge, Hooghly in Title
Suit no. 2 of 1930.
(2.) One Guptipara math was established more than 600 years ago.
Since its establishment the said math was administered by the
sannyasis belonging to Dasnami Sampradaya. The said math has
diverse properties and the income therefrom was being utilized for the
performance of the rituals, seva puja of the deity and also spent
towards imparting the theological learning.
The litigation started as far back as in the year 1930 at the
instance of the local people alleging mis-appropriation of fund and
mismanagement and/or mal-administration by the then Mohant of
the said math. The prayer in the said suit was also for framing a
scheme so as to preserve and protect the property of the math.
Several orders were passed from time to time in the said suit.
By abolition of the jamindari and vesting of the properties
belonging to the said math to the state, the religious and the
administration matters were looked after by the then Mohant being
the Dandi Swami of Dasnami Sampradaya.
(3.) The scheme was framed as far back as in the year 1952. Till
2004 the said math was being administered by Dandiswami Mohant
Maharaj Yogendrananda Ashram who died on July 3, 2004 without
nominating his successor. In absence of a Mohant the said property
was being mis-managed and the seva puja of the deity was being
performed improperly.
An application was taken out by 87 people, all residents of
Guptipara, requesting the court to appoint a suitable person as
Dandiswami Mohant of the estate and the temple of the deity Iswar
Brindaban Chandra Jew for protection of the religious trust and
proper seva puja of the said deity. By an order the Trial court
directed for the publication of a general notice for inviting the claim of
any person entitled to be appointed as Mohant in place of the said
deceased Mohant.;
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