BHANU PRAKASH SHARMA Vs. MOORTI MANDIR THAKURJI

JUDGEMENT

(1.) By way of filing of this writ petition, the defendants-petitioners (hereinafter referred to as 'the defendants') have assailed the impugned order dtd. 12/3/2024 passed by the Additional District Judge No. 4, Jaipur Metropolitan-I in Civil Misc.Appeal filed by the plaintiffs-respondents (hereinafter referred to as 'the plaintiffs') by which they were restrained not to cause any damage to the idols of various Gods and pictures of Shri Krishnanadji (hereinafter referred to as 'Swami Ji') and not to cause any hindrance in the process of worship in the temple, till disposal of the suit.

(2.) The plaintiff Moorti Mandir Thakurji through its priest and next friend filed a suit for permanent injunction against the defendants before the Court of Additional Civil Judge No. 1, Jaipur Metropolitan-I (hereinafter referred to as 'the Trial Court') stating therein that various idols of several Gods including pictures of Swami Ji are situated in the temple. It was alleged that the defendants are destroying the photos-sculptures of late Swami Ji by applying sandal and writing different names on his photo and are causing obstruction in the process of worship in the temple.

(3.) Along with the suit, a temporary injunction application under Order 39 Rule 1 and 2 CPC was also submitted seeking injunction against the defendants, till final disposal of the suit. The defendants submitted separate replies and denied the averments made in the plaint and the fact that any damage was caused by them to the idols of God and pictures in the temple was also denied.