SHREE CHANDRAPRABHU MAHARAJ JUNA JAIN MANDIR TRUST Vs. DADABADI SRI JIN-KUSHALSURIJI JIN-CHANDRASURIJI TRUST

JUDGEMENT

(1.) IN a legal tussle between two Trusts staking conflicting claims over the right to construct a temple known as -Shree Sumathinath Bhagawan Jain Swethambar Temple-, the Trustees have successfully left Shree Sumathinath Bhagawan in the lurch, alter having displaced him from the sanctum sanctorum and after having performed -Baalalayam- more than about 16 months ago. The assertion of the right to construct the temple, has overtaken the desire and need to construct the temple, with the result that Shree Sumathinath Bhagwan is now left without a proper abode, either in the hearts of the warring groups or in the place where he had a temple.

(2.) -Shree Chandraprabhu Maharaj Juna Jain Mandir Trust-, which is a registered Trust, has come up with C.S.No.440 of 2007 seeking a decree of permanent injunction restraining another Trust by name -The Dadabadi Sri Jin-Kushalsuriji Jin-Chandrasuriji Trust- from interfering and involving in any manner in the plaintiffs administration, management, construction and any other work relating to -Shree Sumathinath Bhagawan Jain Swethambar temple. Pending suit, the plaintiff-Trust sought an interim order of injunction in O.A.No.629 of 2007 restraining the defendant-Trust from interfering and involving in any manner with the plaintiffs administration, management, construction and any other work relating to the aforesaid temple.

(3.) PENDING C.S.NO. 459 of 200, the plaintiffs therein also sought an interim order of injunction in O.A.No.643 of 2007 restraining the Secretary and other Trustees (of the plaintiff-Trust in C.S.No.440 of 2007 from acting adverse to the interests of the Trust.