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Bombay High Court

Mazania Of Shree Navadurga Saunsthan ... vs Shri. Devi Navadurga Pratishthan Thr. ... on 19 July, 2024

                                        CRA 20 of 2024

     vinita

               IN THE HIGH COURT OF BOMBAY AT GOA
                  CIVIL REVISION APPLICATION NO.20 OF 2024
                                   WITH
                       CIVIL APPLICATION NO.63 OF 2024
          CIVIL REVISION APPLICATION NO.20 OF 2024
MAZANIA OF SHREE NAVADURGA
SAUNSTHAN MADKAI THR. ITS ATTORNEY
SAEESH S. KAMAT                          ... APPLICANT
  Versus
SHRI. DEVI NAVADURGA PRATISHTHAN
THR. ITS TRUSTEES R. NOS. 2 TO 11
AND 26 ORS                               ... RESPONDENTS
                         WITH
             CIVIL APPLICATION NO.63 OF 2024
MAZANIA OF SHREE NAVADURGA
SAUNSTHAN MADKAI THR. ITS ATTORNEY
SAEESH S. KAMAT                         ... APPLICANT
  Versus
SHRI. DEVI NAVADURGA PRATISHTHAN
THR. ITS TRUSTEES R. NOS. 2 TO 11
AND 26 ORS                                                               ... RESPONDENTS
Mr S. Desai and Mr A. Sardessai, Advocate for the applicant.

                              CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 19th July, 2024 P.C. Heard Mr S. Desai, learned Advocate appearing for the applicant.

2. The challenge in the present revision is to the order dated 7.12.2023 passed by the learned District Judge rejecting the application filed by the applicant under Order 7 Rule 11 of CPC.

3. Mr Desai submits that suit is filed by respondents clearly admitting Page 1 of 2 19th July, 2024 ::: Uploaded on - 20/07/2024 ::: Downloaded on - 28/07/2024 05:04:40 ::: CRA 20 of 2024 that the Temple is governed under the Devasthan Regulations Act and thus, there is no right crystallized in favour of the plaintiffs to file the suit. He submits that the learned trial Court rejected the application on one of the points that the application is filed belatedly and since the matter is for evidence, directed the parties to record the evidence of the parties.

4. Issue notice to the respondents returnable on 21.8.2024. Apart from regular service, service by all other modes is permitted.

BHARAT P. DESHPANDE, J.

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