VASUNDHARA SAHKARI SAMITI, GRIH NIRMAN SAMITI MARYADIT Vs. SHRI RADHAKRISHNA MANDIR TRUST SAMITI
HIGH COURT OF CHHATTISGARH
Vasundhara Sahkari Samiti, Grih Nirman Samiti Maryadit
Shri Radhakrishna Mandir Trust Samiti
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ARVIND SINGH CHANDEL, J. -
(1.) This appeal has been preferred by the Appellant/defendant 5 against the judgment dtd. 29/1/2008 passed by 14 th Additional District Judge (FTC), Raipur in Civil Appeal No.6A of 2007, whereby the Appellate Court has set aside the order dtd. 19/11/2007 passed by 8th Civil Judge Class-II, Raipur in Civil Suit No.20A of 2007.
(2.) Facts of the case are that Respondent 2, Vishram Nirala had initially filed a suit, being Civil Suit No.101A of 2002 against the State of Chhattisgarh (Manager/Collector), Shri Radhakrishna Mandir Trust Committee (Respondent 5), Rambishal Sonkar (Respondent 3), Jeevanlal Vishwakarma (Respondent 4) and Ramjas Das Mahant, Priest, Shri Radhakrishna Mandir Trust Committee, Bandhawapara, Raipur claiming right in respect of land bearing khasra No.1090/3, 1122, 1125, 1129, 1130 and 1135 ad-measuring area 3.75 acres. The suit was filed claiming injunction and declaration. It was pleaded that Vishram Nirala is in possession of the land and the ancestors of Vishram Nirala had given the land to Shri Radhakrishna Mandir Trust Committee with a condition that the crop yielded in the said land shall be used for management of the temple. It was further pleaded that instead of following the same, the Trust is alienating the said land. Therefore, injunction was claimed that the Trust may be restrained from selling/alienating the land and plaintiff Vishram Nirala be declared as owner of the said land.
(3.) In the said suit, i.e., Civil Suit No.101A of 2002, the defendants had filed their written statements. Issues were framed. However, during pendency of the said suit, the plaintiff and the defendants entered into a compromise. They settled the dispute among themselves that out of all the lands, khasra No.1135 ad-measuring area 1.46 acres be declared to be in absolute ownership of Vishram Narala and in turn Vishram Nirala will not claim any right in respect of other suit lands. Permission is also accorded by the Registrar, Public Trusts as Annexure A3.;
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