Rajasthan High Court - Jodhpur
Ram Gopal & Ors. vs . State Of Rajasthan & Ors. on 16 April, 2015
Author: Vineet Kothari
Bench: Vineet Kothari
1 of 2
S.B. Civil First Appeal No.549/2008
Ram Gopal & Ors. Vs. State of Rajasthan & Ors.
Date of Order: 16/04/2015 (Thursday)
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Mr. L.R. Mehta, with
Mr. Om Mehta, for the appellants/plaintiffs.
Dr. P.S. Bhati, AAG.
Mr. O.P. Boob, Addl. Govt. Counsel.
Mr. Rajesh Choudhary, for the respondent- Devasthan Deptt.
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In the present first appeal, learned counsel for the appellants/plaintiffs, have brought to the notice of the Court that original ''भटन म /ईन यत" in favour of Mahant Madho Das, is lying in the safe of the trial court of learned Addl. District Judge No.3, Jodhpur (Now ADJ No.6, Jodhpur) vide Form No.3, dated 12.11.2005, which may be requisitioned for perusal by this Court as the same has not been sent along with record of the trial court for consideration in the present first appeal filed by the plaintiffs. The said trial court of learned Addl. District Judge No.6, Jodhpur may transmit the said original record to the Dy. Registrar (Judl.) of this Court after taking out from the safe along with other documents vide the aforesaid Form No.3 dated 12.11.2005, copy of which may be sent by the Dy. Registrar (Judl.) to the concerned trial court and the said document will be kept in the safe custody by the Dy. Registrar (Judl.) and on the next date, the same may be produced before the Court for perusal.
2 of 2 Mr. L.R. Mehta and Mr. Om Mehta, learned counsel for the appellants/plaintiffs have also brought to the notice of the Court a copy of the letter dated 23.07.1966 written from the Office of Commissioner, Devashthan Department, Udaipur to the Section Officer of the Revenue Department of the Govt. of Rajasthan, Jaipur with reference to their letter No.408 dated 07.06.1965 for holding enquiry in the said ''भटन म /ईन यत" with reference to revision petition filed by Sh. Banshilal S/o Mahant Madho Das, against the order of Commissioner, Devasthan Department dated 04.01.1965 relating to said temple "Ranawatji Temple in question but the learned counsel for the appellants submitted that any result of any such enquiry, if so held, with respect to said property, either a private temple or the property of public trust, which was registered in the present case on 05.04.1994 as noticed in Para 17 of the impugned order of the trial court, is not before this Court.
Dr. P.S. Bhati, learned Addl. Advocate General, appearing for the respondent- State in the present case is, therefore, directed to ascertain from the concerned Department of the State of Rajasthan as to whether any such enquiry was conducted in the matter with regard to genuineness of said ''भटन म /ईन यत" in favour of Mahant Madho Das, and if so, the findings of such enquiry may be produced before this Court on the next date.
Put up after four weeks, as payed.
(Dr. VINEET KOTHARI), J.
DJ/-
H-1