IQBAL Vs. HAKIMUDDIN

JUDGEMENT

(1.) I.A.Nos. 1 and 2 for deleting the names of some of the appellants are allowed.

(2.) In these appeals, a common order of the High Court has been challenged. The High Court, by its impugned order, upheld the order of the Trial Court striking out certain paragraphs in the pleadings. The Trial Court had struck out portions of the written statement, as also paragraph 5 of the plaint.

(3.) The suits in question has been filed by Shri Gulam Abbas and others, who claim to be Dawoodi Bohras and who accept the Dal-ul-Mutlaq as their spiritual leader. They claim to be residents of Udaipur where there is a settlement of Dawoodi Bohras, who owe allegiance to their spiritual leader and religious head. The suits have been filed in a representative capacity on behalf of Dawoodi Bohras owing allegiance to their spiritual leader. The case of the plaintiffs is that the defendants and others who style themselves as Bohra youth Association and who have formed a separate organisation named as Dawoodi Bohra Jammat of Udaipur, have challenged the spiritual and religious authority of theDal-ul-Mutlaq, and have wrongfully interfered with the rights of the plaintiffs and other Dawoodi Bohras who offer their congregational prayers led by Pesh Imams, appointed or nominated by or under the authority ofDal-ul-Mutlaq in masjids mosques at Udaipur. The plaint refers to the various properties of the community, including four mosques masjids at Udaipur. Their grievance is that the defendants have been interfering with their right to offer namaz< led by Pesh-Imams in the four masjids mosques and have been wrongfully disturbing the other prayers being said in the four masjids mosques. They have been interfering with and disturbed other religious gatherings, functions, and ceremonies being conducted in the said masjids mosques with the permission and under the authority ofDal-ul-Mutlaq. They have at times resorted to violence which necessitated the religious functions and ceremonies being held at some private residences. In this manner, the defendants have interfered with the beneficial use of the said masjids mosques by the members of the Dawoodi Bohra community, who owe allegiance to their spiritual leader and religious head, namely,Dal-ul-Mutlaq. The defendants have no right to object to the plaintiffs aforesaid rights in the masjids mosques.