CHAGLA, C.J. - The question referred to this Full Bench is whether a civil suit will lie to establish the right of members of the public to carry a non-religious procession through the public streets. A suit was filed on behalf of the Hindu community of Sakur against the Muslim community of the same place for a declaration that the Hindu community had a right to conduct religious and social processions accompanied with music along certain public thoroughfares upon which certain Muslim mosques abutted. In 1938 the Muslims attempted to obstruct a Dasera procession from marching with music near one of the moseques. The Magistrate issued an order prohibiting the Hindus from carrying out their procession unless they obtained a declaration of their right from a competent civil Court. Hence the suit. The suit was decreed by the trial Court and the decree was confirmed by the learned Extra Assistant Judge at Ahmednagar. The Muslims came in second appeal to this Court, and that appeal having come before Bavdekar and Dixit, JJ. they referred the question, as I have set out, to a Full Bench.

2. It is important to note that the suit was filed for a declaration without claiming any spec