IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION RAIGAD AT KHALAPUR

Regular Civil Suit /2011

Shri Panch Agni Akhada (A Society Registered under Societies Regulation act 1860), (Through its power of attorney holder, And Principal Secretary) Shri Mahant Govindanand Bhramchari Age : 90 yrs. Occupation :- Ssanyasi (Priest) R/at : Hanuman Temple, On Pune Mumbai Express Highway, Opp. Traffic Police chowki, Dasturi, Khalapur District Raigad, Maharashtra. .. Plaintiff

V/s

Miss. Sandeepa Harpalsing Rajput alias Hemanand Age : 33 yrs. Occupation :- Nil R/at : Hanuman Temple,

On Pune Mumbai Express Highway, Opp. Traffic Police chowki, Dasturi, Khalapur District Raigad, Maharashtra. ...... Defendant

Suit for possession and injunction Valued at Rs. 2000/-

May it please your honor:-

1.

Description of suit property :- Room admeasuring area 360 Sqft. Approximately (whichis within maruti temple premises) constructed on land bearing survey no. _________ of village Dasturi Tal :- Khalapur Dist:- Raigad. Plaintiff says our society Shri Panch Agni Akhada is society registered under societies Registration act 1860, having its registered office at to which several temple/Math are affiliated. The object of our society is propagating Hinduism, provide for lodging boarding facilities of roaming saints, piligrims and students of various sects, make provision as to management, regulation of various temples and math functioning under this society, organize camps, food and other necessary facilities to piligrims in holy places and various religious fairs such as kumbh mela and maintain peace purity decorum and sanctity of all its temple and math. Plaintiff says one of temple affiliated to our society is Hanuman temple situated in Village:- Dasturi, Taluka:-

2.

3.

Khalapur, District:- Raigad, Maharashtra which is under the control and management of Principal Secretary and our Senior Member Shri Mahant Govindanand Bhramchari who is residing there since 1996. 4. Plaintiff says that Defendant had approached to Shri Mahant Govindanand Bhramchari, through Swami Pitambarand Puri had requested to plaintiff to give Mantra Diksha and provide for further education of defendant due to lack of funds. On 25/07/2010plaintiff, gave defendant Mantra Diksha in Hanuman Temple/Math in Village Dasturi, TalukaKhalapur District Raigad, Maharashtra. Plaintiff Further says that defendant is Residing in Temple/Math since 24th May, 2010 and Prior to 24th May, 2010 defendant was residing with Swami Pitambarand Puri since last 10 years. Swami Pitambarand Puri requested plaintiff to allow Defendant to temporarily reside in a room within premises of temple located in Village Dasturi, TalukaKhalapur District Raigad, Maharashtra. Till defendant searches fo alternative quarters In Good Faith. As per request made by Swami Pitambarand Puri. Defendant taking advantage of unwell health of Plaintiff due to brain hammer age obtained consent for defendant to reside temporarily in the room within premises of Temple/Math admeasuring Size approximately 360sqft. Plaintiff further says that from 26th July 2010 defendant started to show her colors had intention to come and Reside in temple and which was nothing other than to snatch the property of society. Defendant with Swami Pitambarand Puri forced to Plaintiff to transfer the entire property/ temple in defendants name. and declare defendant as plaintiffs legal heir, Defendant have also threatened plaintiff that if have to

5.

6.

face the dreadful consequences and also defendant threatened to get detained in police custody in bogus case. 7. Plaintiff further says that, he is the Member of Society i.e. Shri Panch Agni Akhada. Plaintiff does not have any right to transfer any property to anyone. Because he is manager and not the owner except governing body nobody else had right to transfer property. Plaintiff allowed defendant to reside temporarily in the premises but defendant has started harassing him with any reason along with her associates to transfer the said Property/Math/Temple to her name. Defendant with his wicked intention is talking undue advantage of unwell health, old age and weak condition of Plaintiff. Plaintiff says that defendant has many times got warning by other members of the society on governing body as to change her behavior because defendants behavior is against memorandum of society and object of society, to which defendant has to abide in order to reside within premises of temple but defendant by not doing this, defendant has injured reputation, peace, holiness, of Said Hanuman Temple. In this manner defendant have acted against ritual, byelaws and instructions of her guru and other respected and senior members of governing body which is height of indecency. Plaintiff says that due to her behavior defendant was ordered to vacate premise in which she was residing, which was passed by Chairman of the Society, was further send for execution by Panel of Representatives of Society. Plaintiff says that defendant defamed them showed disregard towards them and denied leave and vacate to depart from premises.

8.

9.

10. CAUSE OF ACTION:- That defendant had obtained consent to reside in the room within temple premises for temporary period that is 6 month for the purpose of education. That that premises after six months that after the completion of 6 months, the plaintiff asked her to vacate the said room but she refused to depart from said suit property even after the plaintiff had issued legal notice to defendant on ________ But defendant has not complied with it. Hence the cause of action is in continuation till today. 11. Plaintiff says due to occupation of sit premises by Defendant irreparable loss will be caused to plaintiff as it will cause great disturbance and inconvenience to other pilgrims, daily visitors. It will also disturb peace purity sanctity of temple and can cause also threat to life, property and reputation of Plaintiff society and its manager. With dreadful weapon due to which it can also cause life of the manager of said temple and criminal case is already in pending in court of JMFC Khalapur against said defendant. 12. Plaintiff says the villagers have also verbally complained to Plaintiff Police and governing body of society against illegal behavior of defendant. 13. Plaintiff says that it is very necessary to evict defendant in order to safeguard life manager of temple, interest of temple its peace purity sanctity decorum reputation which are put on toss y behavior of said defendant. 14. Plaintiff says that said suit is well within limitation and not barred by it. 15. Plaintiff says that as suit property is within territorial Jurisdiction of this honoble court and value of the suit is

within the pecuniary jurisdiction of this court hence this court has right to try and decide this suit. 16. Plaintiff says that present suit is valued at Rs. 2000/- and property court fees stamp is paid thereon. Hence it is prayed that :a) Suit be decreed.

b) Defendant be ordered to vacate suit property immediately. c) Permanent injunction to be granted against defendant entering into premises owned by plaintiff and shall not disturb the peaceful possession of plaintiff.

d) Any other just fair and equitable order may kindly be passed & obliged. Date : Place: Plaintiff

Advocate for plaintiff

VERIFICATION

I Shri Mahant Govindanand Bhramchari, Age: 90 years, Occupation :- Sanyasi (Priest) R/at : Hanuman Temple, On Pune

Mumbai Express Highway,Opp. Traffic Police chowki, Dasturi, KhalapurDistrict Raigad, Maharashtra. The Plaintiff do hereby state the the contents in plaint from Para no. 1 to 16 are and correct to the best of my knowledge belief and information and hence I have it today.

Plaintiff