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news details
Dispute over temple property
HC dismisses petition with observations
8/18/2017 10:26:22 PM
Early Times Report

Srinagar, Aug 18: In a petition filed by Parmeshwar Giri with prayer to decree petitioner's suit, filed by him before the Trial Court, in terms of compromise arrived at between parties, a division bench of the state high court dismissed the petition with observations.
The case set up by petitioner is that he is Mahant of Abi Guzzar Mandir and President of Swami Dev Giri Trust Abi Guzzar Mandir, Srinagar. He states to be Chella of his Guru Baba Ishwaranand Giri, who passed away on 4th October 2009 and prior to his death he handed over the charge of Mahantship to petitioner and to that extent he executed modified Deed of Trust in September 2006, which was registered by Sub Registrar, Srinagar.
Respondent is stated to have been employed by the Trust to look after garden of temple on monthly remuneration of Rs.2000/- and he was also cleaning the premises, for which he was being given due monthly salary. Petitioner avers that respondent was trying to gain confidence of deceased Mahant and took undue benefit of his old age and by coercion and undue influence respondent has obtained a fraudulent document from Mahant. In the year 2009, according to petitioner, respondent started interference in the affairs of Temple and in league with tenants tried to throw petitioner out from the Temple.
Respondent is averred to have filed written statement on 9th November 2009. To rebut the assertions made in written statement, petitioner claims to have made an application for placing on record rejoinder affidavit and meanwhile due to mediation of respectable persons of the community, parties entered into compromise. Respondent made application for preponing the suit before Trial Court, mentioning therein that parties entered into compromise and were not interested to litigate the matter further, which was entertained as petitioner did not object to it.
Justice Tashi Rabstan of J&K High Court observed that Glimpse of impugned order dated 9th October 2013 reveals that counsel for respondent here, in unequivocal terms stated that compromise furnished to the Trial Court was not the one contemplated/agreed to by respondent and stated that the same was not acceptable to respondent. Learned Trial Court, after hearing both parties, has rightly said that the learned Trial Court is not satisfied that the agreement/compromise is lawful, therefore, application of respondent for not entertaining the compromise, was allowed. Learned Trial Court has done nothing contrary to law and procedure. But it would be appropriate to say that learned Trial Court has proceeded in the matter rightly and impugned order, as such, need not be interfered with. Petition on hand is devoid of any merit and is accordingly dismissed.
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