PANCH DASHNAAM ZOONAA AKHARA Vs. ASHOM GUPTA

JUDGEMENT

(1.) POSITION of Mahant, pivotal in the affairs of temple, is catapulted to centre stage in these proceedings.

(2.) ORDER dated 30.5.2007 passed by the learned Principal District Judge, Jammu is under challenge in this Civil First Miscellaneous Appeal.

(3.) THE facts of the case are briefly summarized as under: The appellants -plaintiffs instituted a civil original suit against the respondents -defendants in the Court of learned Principal District Judge, Jammu, praying therein that a decree for permanent prohibitory injunction be passed restraining the respondents -defendants from interfering in the management, superintendence, administration of the affairs and activities of the appellants -plaintiffs in respect to all types of religious activities conducted as per the Bye -laws, Constitution, Rules, Vidhaan, Niyam etc. of appellants 1 & 2 with respect to Shivalaya Mandir, Dashnaami Akhara, Panjbhaktar, Jammu, a Sanyasi Muth, commonly known as "rupayion wala Mandir" (for short, temple). Further a decree for permanent prohibitory injunction was sought to restrain the respondents -defendants from causing any type of interference in the rights of appellant -plaintiff No.3 as a Mahant of the temple in any manner and to adhere to the mandate of resolution dated 14.4.2007 passed by appellants -plaintiffs 1 & 2. Further a prayer was made for issuance of a decree of mandatory injunction against the respondents -defendants directing them to pay obeisance and offer prayers as per the time table already fixed by late Mahant Shri Parshu Ram Giri and subsequently by appellants -plaintiffs 1 & 3 and to abide by the tenets of Shri Panch Dashnaam Zoona Akhara as a usual and general worshipers of the temple; with a further direction to them to remove all types of hindrances, obstructions, unbecoming activities and anti -akhara or anti -religious activities.