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2018 Supreme(Bom) 1995

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Shalini Phansalkar Joshi, J.
Bipin Jaysukhlal Mehta – Appellant
Versus
Jayantibhai Talakchand Shah – Respondent
Writ Petition No. 3588 of 2018 and Writ Petition (St.) No. 7520 of 2018
Decided On : 20-04-2018

Advocates Appeared:
For the Appellants : Ms. Sunanda Kumbhat, Mr. Ramchandani, Mr. R.R. Shah, Mr. Haresh Moti Advani.
For the Respondents: Mr. Shrihari Ane, Mr. R.B. Jain, Mr. Ameya Mahajan, Ms. Sneha Pokle.

Headnote:

Document a religious scripture - History of litigation - Matter of introspection - Parties to litigation - As both these Writ Petitions are arising out of one and same proceeding and are raising common questions of facts and law, they are being decided by this common judgment - Both these Writ Petitions are preferred by Original Defendant Nos 1 to 12 - Writ Petition is preferred challenging order passed by City Civil Court, Mumbai, in SC - Suit thereby admitting in evidence document a religious scripture by name, and marking it as Exhibit-116 during cross- examination of Petitioners witness, DW-1, Ajit Shah and requesting this Court to De- exhibit same, by setting aside impugned order to that effect, passed by trial Court; whereas Writ Petition is filed by Petitioners, calling for record and proceeding of trial Court in view of unending, rambling, uncontrolled and unabated cross-examination of DW-1 by Respondent No - 1s Advocate, for last four months continuously since, and for directing that said cross-examination to be forthwith concluded and thereafter keeping suit for hearing before trial Court once in a week - Present Writ Petitions have a chequered history of litigation and it pertains to disputes between two sects amongst Jain Community - Respondents/Plaintiffs are having faith in Navangi Guru Puja and Be-Tithi – Held, In court considered view, it is a matter of introspection and reflection for each and every one involved in this litigation, mainly parties to litigation and Advocates representing them - If this sort of affairs goes on, it will affect credibility of not only legal professionals but of Judicial institution as such - When judiciary is facing mountain of arrears of cases and is everyday flooded with avalanche of cases, each and every second of judicial time is precious, which needs to be devoted to advance cause of substantive justice and not to scuttle its course - Therefore with a sanguine hope and robust belief, this Court leaves matter hoping against hope that good sense will prevail on everyone - No further directions in this respect are required - Therefore, this Writ Petition also stands dismissed - Rule discharged - Petition stands dismissed

JUDGMENT :

1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Ms. Kumbhat, learned Counsel for the Petitioners and Mr. Shrihari Ane, learned Senior Counsel for Respondent No. 1.

2. As both these Writ Petitions are arising out of one and same proceeding and are raising the common questions of facts and law, they are being decided by this common judgment.

3. Both these Writ Petitions are preferred by Original Defendant Nos. 1 to 12. Writ Petition No. 3588 of 2018 is preferred challenging the order dated 10th January 2018 passed by the City Civil Court, Mumbai, in S.C. Suit No. 3741 of 1998 thereby admitting in evidence the document a religious scripture by name, and marking it as Exhibit-116 during cross- examination of Petitioner's witness, DW-1, Ajit Shah and requesting this Court to De- exhibit the same, by setting aside the impugned order to that effect, passed by the trial Court; whereas Writ Petition (St. ) No. 7520 of 2018 is filed by the Petitioners, calling for the record and proceeding of the trial Court in view of unending, rambling, uncontrolled and unabated cross-examination of DW-1 by the Respondent No. 1's Advocate, for last four months continuously since 10th November 2017 till 6th March 2018, and for directing that the said cross-examination to be forthwith concluded and thereafter keeping the suit for hearing before the trial Court once in a week.

4. The present Writ Petitions have a chequered history of litigation and it pertains to disputes between the two sects amongst the Jain Community. Respondents/Plaintiffs are having faith in the Navangi Guru Puja and Be-Tithi, whereas Petitioners/Defendants are having faith in Ekangi Guru Puja and Ek-Tithi.

5. The case of the Respondent Nos. 1-Original Plaintiff No. 1 in short is that they are the members of Petitioner No. 2 the Matunga Jain Shwetamber Murtipujak Tapagachha Sangh and Charities, which is a Public Trust. Petitioner Nos. 1 to 11 are the Trustees of Petitioner No. 12. It is the case of the Respondent No. 1 that though they belong to Jain Community, they believe in a form of puja of living monk known as Navangi Gurupujan and that they follow observance of Be-Tithi. The Trustees, namely, the Petitioners herein, had passed some resolution on 1st July 1998, restraining Jain Monks of Tapagachha Sect from entering in, staying over, giving religious discourses and performing rituals in accordance with Navangi Gurupujan or Be-Tithi, beliefs and observation in the trust property. This resolution, according to Respondents, is illegal, bad in law, null and void. Therefore, they had filed the suit for injunction restraining the Petitioners from obstructing, objecting and interfering with the Respondent No. 1/Plaintiffs performing Navangi Guru Puja and observing Be-Tithi in the Trust property and also to restrain the Petitioners from obstructing the Jain monks from entering the Trust property and performing rituals in accordance with Navangi Gurupujan and observance of Be-Tithi beliefs. The specific prayers made in the suit are as follows.

(a) That this Hon'ble Court be pleased to pass an order that the Resolution passed by the Defendants in the Annual General Meeting dated 1 st July 1998 and if any such resolution passed by the board of Trustees in its earlier meetings are illegal, bad in law, null and void, ineffective and inoperative.

(b) That this Hon'ble Court be pleased to pass an order of perpetual injunction restraining the Defendants, their trustees, members, agents, employees, officers and persons claiming through them, from obstructing, objecting, interfering in any manner with the performance of Navangi Gurupujan or observance of Be Tithi by an Jain Shwetamber Murti Poojak Tapagachha Sangh followers in the Trust property.

(c) The Defendants, their trustees, members, their agents, employees officers and persons claiming through them, from obstructing in any manner Jain Monks of Tapagachha Sect from entering in,


















































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