FIRST APPEAL No. 678 of 2018 at Allahabad

A.F.R. Judgment Reserved on- 15.09.2025 judgment Delivered on- 19.09.2025 Neutral Citation No. - 2025:AHC:168126 Court No. - 35 Case :- FIRST APPEAL No. - 678 of 2018 Appellant :- Deen Dayal Pipraiya And 5 Others Respondent :- Ram Sharan Counsel for Appellant :- Sanjay Agrawal Counsel for Respondent :- Krishna Dutt Tiwari Hon'ble Sandeep Jain,J. 1. The instant appeal under Section 96 C.P.C. has been preferred by the plaintiff in O.S. No.205 of 2016, Deen Dayal Pipraiya(deceased) through Lrs. vs. Ram Sharan against the judgment and decree dated 10.11.2017 passed by the Court of Sri Radhey Mohan Srivastava, Civil Judge (Senior Division), Jhansi whereby the plaintiff’s suit for the relief of permanent injunction has been dismissed under Order 7 Rule 11(d) C.P.C. on the ground that it is barred by res judicata under Section 11 C.P.C. 2. Factual matrix is that the plaintiff-appellant filed O.S. No.205 of 2016 in the lower court with the averments that Sri Thakur Maithli Raman Jee Maharaj, Virajman Mandir Kunj i.e. plaintiff no.2 is a private temple, of which the plaintiff no.1, Deen Dayal Pipraiya was the Manager. The immovable property of the temple is situated in Chak no.40 in Village