IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13856 of 2009 OM PRAKASH GUPTA, Son of late Basudeo Prasad, R/o Mohalla Katra Baradari, P.S. Bhagwan Bazar, Chapra, District – Saran at Chapra …. Petitioner Versus 1. THE STATE OF BIHAR, through the Collector, Saran at Chapra 2. Suresh Prasad 3. Ashok Kumar Both sons of late Raghunath Prasad 4. Lalan Prasad, Son of Dharam Nath Prasad 5. Uma Shankar Prasad, Son of Ramchandar Sah 6. Satyadeo Prasad, Son of Ram Chandra Sah All residents of Mohalla Katra, Baradari, P.S. Bhagwan Nazar, Chapra, District Saran at Chapra ….. Respondents ----------- 3 14.12.2009 The petitioner claims that a temple is a private endowment and not a public endowment he, therefore, contest the suit being Title Suit No. 489 of 2003 pending before Subordinate Judge, VIII, Saran at Chapra. It appears that the instant suit was brought in representative capacity stating that the temple was a public temple and the petitioner who was defendant therein could not monopolies or restrict public entries therein. In an injunction matter Court granted status quo and that order so far as defendant is concerned has attained finality. Petitioner thereafter challenged the maintainability of the suit on various grounds and being unsuccessful by the trial court filed this application challenging the order of the trial court in that regard. Having heard the learned counsel in my view the question that are raised by the petitioner are triable questions of facts which have to be established in course of the trial and it is based on such evidences that the trial court would be required to proceed in the matter. Those issues cannot be prejudged de hors the evidence. - 2 - In view of the facts aforesaid learned counsel for the petitioner seeks leave to withdraw this application. Leave is granted. The application is dismissed as withdrawn. Spd/- (Navaniti Prasad Singh, J.)