VIRENDRA KUMAR MATHUR,J. - (1.) This regular Civil First Appeal under section 96 CPC has been filed against judgment and decree dated 05.06.2010 passed by Additional District Judge No. 1, Udaipur, in Civil Original Suit No. 10/2010, whereby plaint of appellants for declaration and permanent injunction was rejected under Order 7, Rule 11(d) CPC.
(2.) Briefly stated, the appellants filed a civil suit against the defendant-respondents for declaration and permanent injunction with the contention that there is a historical temple, situated at village Palasma, Tehsil Gogunda, District Udaipur, which was constructed by ancestor of the appellants-Prabhuji Joshi, who had constructed and established in all 5 temples.
(3.) After narrating entire history of placing deities in the temples in the suit, inter alia, it was submitted that a land measuring 3063 bighas was granted to appellants' ancestors by then Maharaja Sumer Singhji. It was also stated that since time of late Shri Prabhuji, the descendents of late Prabhuji Joshi had been regularly doing 'seva-pooja' in these temples and Pujaris and Sadhus were appointed as per need. It was also submitted annual fair is also conducted on Jal-Jhulani Gyaras, which was entirely conducted, controlled and managed by the family members of late Shri Prabhuji Joshi. An incident about theft of an idol from temple on 30.08.2009 was also mentioned by appellants.;