MAHESH @ PEERU PARASHAR Vs. DADHIMATI MATAJI MANDIR

JUDGEMENT

(1.) THIS appeal is directed against order dated 18.01.2013 passed by the learned Additional District Judge, Nagaur, whereby, an application filed by respondent No.1 Shri Dadhimati Mataji Mandir Pranyas ('the Trust') has been allowed and the appellants have been restrained from stopping or interfering in the installation of gate at the temple and not to do so through their supporters as well.

(2.) THE facts in brief are that the Trust filed a suit for permanent injunction seeking restraint against the appellants from putting up gate at the temple situated at village Ghoth Manglod; it was, inter alia, claimed in the plaint that the Trust was registered under the provisions of Rajasthan Public Trust Act, 1959 and the Trust has the right to manage the temple and its property and under take renovation and other related activities; the temple has been declared a protected monument under the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 ('the Act of 1961'); the Trust after taking permission from the Archaeological Department and keeping in view the ancient Architector of the temple, under the directions of the said Department has undertaken a renovation and the renovation of the hall is underway; the main gate from the sanctum sanctorum has been removed and to replace the said old gate a new gate has been procured by the Trust, which is to be placed at the old place and which is the right of the Trust; it was alleged that the defendant- appellants have formed a illegal group and without seeking permission from the Archaeological Department they have brought a new gate for installation at the sanctum sanctorum and are attempting to install it, which was objected by the Trust; the defendant-appellants are bent upon installing the said gate by taking law in their own hands, regarding which, they have no right. It is prayed that the defendants be permanently restrained from installing the gate without taking permission from the plaintiff and to restrain them from interfering with the Trust's right to install the gate.

(3.) A reply was filed by the appellants, inter alia, questioning the right of the Trust to manage the temple and pointing out that against the registration of the Trust a writ petition was pending consideration before this Court; it was pointed out that though the temple is a protected monument, it was denied that the Trust has under taken the renovation of the main temple; it was further pointed out that on 20.02.2006 a joint meeting was held at the District Headquarter, in which, 13 Members of Chokhala Samaj and 13 Members of Dayama Samaj were nominated for the renovation of the temple; the nature of the temple is public and to claim that the temple belongs to the Dadhich Brahman Samaj is against facts; it was claimed that the gate, which has been got prepared by the appellants is similar to the old gate and, photographs in this regard, were placed on record; it was necessary to install the gate as in absence whereof the temple was not safe; further averments were made to indicate that the appellants were in possession of the temple premises; it was also pointed out that a suit for declaration being Civil Original Suit No.53/2001 was filed by the Trust and the said suit was dismissed in default and, therefore, the present suit was barred by provisions of Section 11 CPC. Ultimately, it was prayed that the suit be dismissed.