SUCHITRA BETIJI Vs. VAGISH KUMAR

JUDGEMENT

(1.) Petitioners herein (plaintiffs in the pending civil suit) are sisters and are on logger heads with their real brother (respondent no.1), inter-alia, seek quashing of two orders i.e. dtd. 24/2/2025 (Annex.12), vide which learned trial court dismissed their application under Order 39 Rule 1 and 2 CPC for temporary injunction; and another dtd. 15/3/2025 (Annex.15), vide which the appeal filed against the same was also dismissed.

(2.) The pending civil suit, inter alia, is for resolution of the inter se rights over the Dwarkadhish Haveli in Nathdwara among the children and Class-I legal heirs of the late Shri Brijesh Kumar Goswami, who died intestate on 27/2/2023. The property came into his possession through a 1966 family partition deed, reaffirmed by a 2014 compromise decree. The petitioners claim joint ownership as legal heirs and emphasize that the Haveli has traditionally served as a residence for Acharyas of the Pushtimargiya Tritiya Peeth, in line with Vallabh Sect customs that allow only the consecration of Shri Nathji within Nathdwara.

(3.) Case set up by the petitioners is that a dispute arose when the respondents attempted to consecrate the idol of Shri Dwarkadhish Prabhu in the jointly owned Dwarkadhish Haveli on 26/2/2025 without the petitioners' consent, claiming it belongs to the Pushtimargiya Tritiya Peeth Trust. The petitioners opposed this on grounds of joint ownership, religious impropriety, and violation of Vallabh Sect traditions. Despite objections and a legal notice, a brief consecration took place but was later withdrawn due to opposition. Both the Trial Court and Appellate Court denied interim relief, finding no prima facie case. The petitioners now seek interim protection through instant writ petition, alleging fresh attempts by the respondents to install the idol and alter the residential character of the Haveli.