ALI MOHD BHAT Vs. SYED GHULAM AHMED QUADIRI

JUDGEMENT

(1.) The matter has been heard for final disposal at this preadmission stage on request of the counsel for the parties.

(2.) Respondent Syed Gh. Ahmed Qadiri claims to be Mutwali of Khankah-cum-Ziyarat commonly known as Dargah Rahbab Sahib Ali Kadal, Srinagar. His father and forefather have contributed in the establishment and running of the Ziyarat. He in consultation with members of the Managing Committee including the two petitioners did manage the affairs of the Dargah from time to time. Respondent would lead congregation in 'Nimaz' as 'Imam' and also perform "Khatam Khani". The Dargah possess movable and immovable property.

(3.) Petitioners case is that the said Gh. Ahmed Qadiri misappropriated some property of the Dargah and then managing committee as also the followers and concerned people restrained him to perform Imamat and other functions at the Dargah. This action was reported by press and received publicity. In order to identify the property of the Dargah and the part of the property allegedly misappropriated, revenue agency was approached and the revenue authorities are processing the demarcation of the landed property of Dargah. The respondent irked and offended by the action(s) has taken criminal proceeding for prosecution and filed a suit before 1st Additional District Judge, Srinagar. (Annexure-A, copy of the plaint). In the suit he is also pleading for his right of Imamat and to manage the affairs of the Dargah and has prayed for following reliefs :- "that a decree for recovery of Rs. Two lacs be passed in favour of the plaintiff and against the defendants severally and jointly till the decretal amount is completely realized. 2. Further a decree of injunction restraining the defendant from publishing in any manner whether spoken or written any defamatory news items/notices publications in any newspaper having circularation in or outside State or otherw'se against the plaintiff during the pendency of the suit. 3. Defendants be also restrained not to cause any interference in any manner whatsoever individually or collectively in discharging the affairs of the Ziarat/Imamat and Khanakah (Mosque) as mutawali and sajadnishien.