Judgment

SIKRI, J.: This appeal by special leave is directed against the judgment of the Orissa High Court in a second appeal whereby the High Court affirmed the decree and order passed by the First Additional Sub-Judge, Cuttack, with modifications. The High Court held that "the restrictive order of the lower appellate Court directing the plaintiffs to take out processions with a "low sound music except drum-beating" is not justified" and directed the deletion of this portion from the order of the lower appellate Court.

2. In order to appreciate the points raised before us it is necessary to give a few facts and the findings of the Court below. The plaintiffs, respondents before us and hereinafter referred to as the plaintiffs, brought this suit against the defendants, appellants before us and hereinafter referred to as the defendants, praying for a declaration that the Hindu villagers of the two villages had the right to take out religious and non-religious processions with appropriate music along the District Board and village roads and other public highways of the locality including those by the side of the defendants mosques without any interruption wherever the plaintiff s commu