MAHANT RAMESHWAR CHELA CHIMANI RAM Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-2014-10-182
HIGH COURT OF RAJASTHAN
Decided on October 29,2014

Mahant Rameshwar Chela Chimani Ram Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) This writ petition is directed against order dated 16.8.12 passed by the Additional District Judge (F.T.) No. 3, Jodhpur, whereby an application preferred by the applicants, the respondent no.4 to 11 herein, under Order I Rule 10 CPC, for impleading them as party defendants in the suit, has been allowed.
(2.) The petitioner-plaintiff preferred a suit for eviction against the State of Rajasthan and others, the respondents no. 1 to 3 herein, for declaration and permanent injunction in respect of a property situated at Baiji Ka Talab, Jodhpur. The petitioner has sought declaration that the disputed property is his personal property and not a public property owned by any public trust. That apart, the petitioner has prayed for quashing the proceedings pending for registration of the public trust in respect of the disputed property.
(3.) During the pendency of the petition, the applicant-Mohan Lal and others, the respondents no.4 to 11 herein, preferred an application under Order I Rule 10 CPC for impleading them as party defendants in the suit on the ground that their forefathers Gulabdas and Jaganath Dhoot had constructed a temple over the disputed property and therefore, they have exclusive right to manage the affairs of temple and public property in question. It was averred that the applicant-Jiwan Das is also an office bearer of the trust and presently working as 'Kothari' of the temple. According to the applicants, the petitioner-plaintiff is managing the property in question only as 'Mahant'.;


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