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1970 Supreme(SC) 473

J.M.SHELAT, P.JAGANMOHAN REDDY, C.A.VAIDIALINGAM
Ugam Singh And Mishrimal – Appellant
Versus
Kesrimal – Respondent


Advocates:
H.K.PURI, J.B.DADACHAN, K.K.JAIN, P.C.BHARTARI, PUKHRAJ SINGH, S.T.DESAI, S.V.Gupta

Judgment

P. JAGANMOHAN REDDY, J.: This Appeal by Special Leave of this Court is against the judgment of a single Judge of the Rajasthan High Court affirming the judgment and decree of the District Court with certain varitions.

2. Respondents 1 to 9 filed a suit against the Appellants and Respondents 10 and 11 and two others for a declaration that they have been carrying on and are entitled to carry on Darshan, Prakshal and Poojan etc. of the idol of Adeshwarji, the first Tirthankar in the Temple named after him at Paroli without interference according to the tenets observed by the Digambari Sect of the Jain religion. The said Temple of Shri Adeshwarji is said to have been in existence for 200 years while the Respondents aver that the inscriptions on it bear Vikram Samvat 1510 (1454 AD).

3. The Plaintiffs further alleged that the Temple was constructed and the idol was consecrated according to and by the followers of the tenets of the Digamber Sect; that the Plaintiffs and the other followers of the Digamber Sect have been performing Darshan Prakshal and Poojan of the said idol according to their tenets ever since the Temple was founded; that on the 23rd of December 1949 the Defendants



























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