BASLINGAPPA PARAPPA CHEDACHAL Vs. DHARMAPPA BASAPPA CHEDACHAL

JUDGEMENT

(1.) In this case the plaintiffs sue on behalf of themselves and of other members of a religious community at Deshnur to have a declaration of their right of marching in procession with a car along a particular public road to certain temples, and for an injunction restraining the defendants from interfering with the plaintiffs.

(2.) The suit arises out of an application made by members of the plaintiffs community to the District Magistrate under the local Police Rules for permission to hold the procession and to march with the car along the road. The Magistrate not being convinced of their legal right so to use the public road referred them to a civil Court for a declaration of that right.

(3.) The members of another religious community who occupy land abutting upon the road at a point where the width of the road way is defined by two gates called Mulla Agashi and Durga Agashi, have put in a written statement denying the right of the plaintiffs to march along the road.