S.B. Civil Writ Petition No.9266/2010 Om Prakash Vs. Murti Shri Raghunathji Maharaj and Anr. Dated : 29.09.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr.Ambrish Vashishtha,for the petitioner. *** By way of this writ petition, the petitioner Om Prakash has beseeched to quash and set aside the impugned order dated 10th March, 2010 whereby the Additional Civil Judge (Sr.Div.) NO.3, Bharatpur has permitted Ram Kumar to continue the suit. Having considered the submissions made by the learned counsel for the petitioner and carefully perused the relevant material on record including the impugned order dated 10th March, 2010, it is noticed that one suit was filed by Narayan Swaroop, Manager of Temple Raghunathji Maharaj, who expired on 5th August, 2002. It is also found that since then Ram Kumar the son of deceased Narayan Swaroop has been performing the Pooja and looking after the property of the temple and thus the rights of Narain Swaroop have devolved on him. Learned trial Court after having heard both the parties permitted non- petitioner No.1 Ram Kumar to continue the suit, under Order 22 Rule 10 of CPC. Having heard the learned counsel for the petitioner, it has emerged that -2- Devsthan Department has not yet deputed any person to perform the Pooja of Mandir Murti Shri Raghunathji Maharaj. Ram Kumar is the only person who has been performing Pooja of the temple since the death of Narain Swaroop. Hence, the learned trial Court has rightly permitted Ram Kumar to continue the suit as all the rights of Narain Swaroop have devolved upon him. The impugned order is perfectly just and proper, which warrants no intervention. On the other hand, the writ petition is found to be totally devoid of any substance and the same deserves to be dismissed in limine which stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg item No.16.