JUDGMENT

B.P. SINGH, J.- IAS NOS. 3-4 FOR DELETING THE NAMES OF SOME OF THE APPELLANTS ARE ALLOWED..

2. IN THESE APPEALS BY SPECIAL LEAVE THE ORDER OF THE HIGH COURT OF RAJASTHAN AT JODHPUR DATED 21-12-1995 HAS BEEN IMPUGNED WHEREBY TWO, PARAGRAPHS IN THE WRITTEN STATEMENT FILED ON BEHALF OF DEFENDANTS 1 TO 6, 9 TO 20 AND 24 TO 30 HAVE BEEN STRUCK OUT. THE APPELLANTS, AGGRIEVED BY THE ORDER, HAVE COME UP IN APPEAL BY SPECIAL LEAVE. WE HAVE BEEN TAKEN THROUGH THE PLAINT AS WELL AS THE WRITTEN STATEMENT FILED IN THE SUIT. THE PLAINTIFF CLAIMS TO BE THE RELIGIOUS HEAD AND SPIRITUAL LEADER OF DAWOODI BOHRA COMMUNITY AND IS DESCRIBED AS DAI-UL-MUTLAQ BEING THE 52ND INCUMBENT OF THE SAID OFFICE. IN THE SUIT THE RELIEFS CLAIMED ARE (A) TO (E) WHICH ARE AS FOLLOWS:

"(A) THAT IT MAY BE DECLARED THAT THE PLAINTIFF AT ALL MATERIAL TIMES HAS BEEN AND IS IN POSSESSION AND MANAGEMENT OF:

(I) MOIYADPURA OR MOIYATPURA MASJID SITUATED AT MOIYATPURA, BOHRAWADI, UDAIPUR.

(II) VAJIHPURA MASJID SITUATED AT VAJIHPURA, BOHRAWADI, UDAIPUR.

(II) RASOOLPURA MASJID SITUATED AT RASOOLPURA (GULABWADI), UDAIPUR.

(IV) KHANPURA MASJID SITUATED AT KHANPURA, CHHOTI BOHRAWADI, UDAIPUR;

(B) THAT THE DEFENDANTS BY THEMSELVES