JUDGMENT : Being aggrieved by the judgment dated 17/05/2010 passed by II ADJ, (Fast Track), Shujalpur in civil appeal No.37/09 whereby judgment dated 23/06/2008 passed by II Civil Judge, Class-II, Shujalpur in civil suit No.174-A/04 whereby suit filed by the appellant was dismissed, was maintained, present appeal has been filed. 2. Short facts of the case are that appellant filed a suit wherein it was alleged that suit property is Temple and appellant is priest. It was alleged that because of lethargic attitude of respondents No.1 and 2 the suit property is under encroachment which is damaging the property of Temple. It was alleged that respondents No.1 and 2 be directed to take appropriate steps for taking the possession from rest of the respondents who were encroached the suit property and also take appropriate steps for development of Temple. The suit was contested by the respondents. After framing of issues and recording of evidence suit was dismissed against which an appeal was filed which was also dismissed, hence this appeal. 3. After hearing counsel for both the parties at length and keeping in view the fact that appellant is having no right, title or interest over the suit property as appellant is priest, this Court is of the view that no illegality has been committed by the learned Courts below in dismissing the suit filed by the appellant. However, since property belongs to Temple and Court is guardian of the Temple as deity is minor, therefore, while dismissing the appeal, it is directed that if an appropriate application is filed by the appellant before Collector with copy of the order passed by this Court then Collector shall take appropriate steps within 3 months from the date of receipt of application for removal of encroachment, if any and shall also make all the endeavour to develop the Temple and surrounding area from the income which has been received from the Temple. 4. With the aforesaid observations, appeal stands disposed of. C.C. as per rules.