IQBAL Vs. HAKIMUDDIN

JUDGEMENT

(1.) The decision in this revision shall also decide S.B. Civil Revision Petition No. 699/87 'Shri Abdeali Chanchuliwala Bohra v. Shri Harimuddin', S.B. Civil Revision Petition No. 700/87 'Shri Imran Hussain v. Shri Hakmuddin' and S. B. Civil Revision Petition No. 701/87 'Shri Mohammed Hussain v. Shri Hakuimuddin'. In all these revisions, a common question of law and fact is involved.

(2.) Brief facts necessary for deciding the question involved in the case are that the plaintiffs-respondents are Dawoodi Bohras belonging to the Dawoodi Bohra Community, which is a religious denomination and whose spiritual leader and the religious head is the Dai-Ul-Mutlaq.

(3.) The plaintiffs have filed a suit claiming the relief :- (a) That the defendants by themselves, their servants and agents or any person styling himself as Bohra Youth Association or any member thereof be restrained by permanent injunction from preventing the plaintiffs and other Dawoodi Bohras owing allegiance to their spiritual leader and religious head, the Dai-Ul-Mutlaq from entering the Masjids/ mosques as described in the plaint and from offering or participating in the Imamat/ Jamaat Namaz/prayers led by the Pesh Imam appointed or nominated or under the authority and/or permission and/or under the auspices of Dai-Ul-Mutlaq and/or attending or participating in any Vaiz, Majlis or other religious functions, gatherings and ceremonies held that the permission of and for under the authority and/or under the auspices of the Dai-Ul-Mutlaq or from in any manner interfering or disturbing Imamat/Jamaat Namaz being conducted in the four masjids/ mosques or from disturbing or interfering with Vaiz, Majlis or any other religious ceremony or function. (b) That the defendants by themselves and by their servants and agents or any person claiming under or through them or any person styling as Bohra Youth Association or any members thereof owing allegiance to the so-called Dawoodi Bohra Jammat, Udaipur or any member thereof be restrained by a permanent injunction from holding their separate Imamat/Jamaat Namaz and/or from holding Vaiz Majlis and other religious functions, ceremonies or gatherings in their said four masjids/ mosques.