R.R.YADAV, J. - (1.) THE present revisionist filed a suit for permanent injunction along with an application Under Order 39, Rules 1 and 2, CPC on the ground inter alia that in District Udaipur, there are two temples known as Jagdish Mandir and Jawan Swaroop Behari Mandir. Both these temples were constructed by Ex Ruler of Udaipur in Vikram Samvat 1709 and 1882 respectively. Shri Sunder Ram was appointed as Sevayat and Pujari of Jagdish Temple, which was hereditary in character. Shri Sunder Ram remained Pujari of this Temple till his life time and after his death his successors became Pujari of this temple. Similar facts are alleged in respect of Jawan Swaroop Behari temple.
(2.) NOTICES were issued to the defendant opposite parties. They opposed the grant of temporary injunction to the revisionist Under Order39 Rules 1 and 2, CPC. Learned trial court rejected the Civil Misc. Case No. 158/89 and 104 of 1989 vide his order dated 4.8.94 holding that the plaintiff revisionist has no prima facie case in his favour. Learned trial court also recorded a finding that balance of convenience is not in favour of the plaintiff revisionist. It is also held that if the temporary injunction Under Order 39 Rules 1 and 2 CPC is not granted to the plaintiff revisionist, no irreparable loss would be caused to him. After recording the aforesaid findings, learned trial court dismissed the application Under Order 39 Rules 1 and 2 CPC on 4.8.94.
(3.) AGGRIEVED against the order passed by the learned trial court dated 4.8.94, the revisionist filed a Civil Misc. Appeal No. 57/94 Under Order 43 Rule (r), CPC before the learned District Judge, Udaipur who transferred the aforesaid appeal for disposal in accordance with law to the court of learned Additional District Judge, No. 1, Udaipur.;