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Panchbakhtar Temple case
HC sets-aside order; directs Trial Judge to reconsider matter
5/22/2009 10:25:13 PM
Early Times Report
Jammu, May 22- Allowing appeal and setting aside the order dated May 30, 2007 passed by the Principal District Judge, Jammu, Justice Muzaffar Hussain Attar of Jammu and Kashmir, Jammu Wing, today in an appeal filed by Panch Dashnaam Zoonaa Akhara and Others Vs Ashok Kumar and Others, allowed the appeal and order dated May 30, 2007 passed by the Principal District Judge Jammu set-aside directed the Trial Judge to reconsider the matter in view of the observations made in this judgment and pass orders in accordance with law after hearing the parties and after considering the entire material available on the file. Till the injunction application is decided, the interim arrangement made by this Court (December 12, 2008) shall continue. It is however made clear if some further assistance is required to implement and execute the orders of this Court, the parties are at liberty to approach the Principal District Judge Jammu, who would pass appropriate orders in accordance with law, the Court ordered.
In the detailed judgment in which CIMA and five CMPs were decided today, Justice Attar, after hearing senior Advocate UK Jalali with JP Sharma and Neha Bakshi Advocates appearing for the appellants and Advocate KS Johal with Advocate Aditya Gupta appearing for the respondents, in an approved for reporting judgment, observed that this Court has the option either to set-aside the order and remit the matter back to the Trial Court for adjudication of the issues, for grant or otherwise of the injunction, or to consider the case in its entirety and then pass orders in the injunction application. This Court accordingly deems it appropriate to set-aside the order and remits the matte back to the trial Court for passing of orders afresh after hearing the parties and considering the material available on the suit filed.
It is worthwhile to mention here that controversy over installation of Mahant of Rupeeya Wala Mandir started when Parbodh Anand Bairaagi was installed as a Mahant of said Mandir. It was alleged that Mahant Parbodh Anand Bairaagi allegedly indulged in sale and misappropriate the property of the Mandir. JNF
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