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2019 Supreme(Del) 1480

RAJIV SAHAI ENDLAW
Moksh Dham Sewa Vikas Samiti (Regd. ) – Appellant
Versus
Ashok Sharma – Respondent


Advocates:
Advocate Appeared:
D.K. Rustagi, Mayank Rustagi, Akshit Rastogi, Vaibhav Agnihotri, Vinayak Harshvardhan.

JUDGMENT :

Rajiv Sahai Endlaw, J.

1. The two plaintiffs namely Moksh Dham Sewa Vikas Samiti (Regd.) and Gautam Guha have instituted this suit for declaration and permanent injunction, pleading (i) that the plaintiff no. 1 is a Society incorporated on 16th February, 2005; the registration of the Society was sought to formalise the affairs of the cremation ground now known as Moksh Dham and earlier known as Dakshin Delhi Muktidwar Shamshan Ghat, Nehru Place New Delhi-110019; this cremation ground is located in-between Nehru Place and Kalkaji Mandir; (ii) the cremation ground measures 3.3 acres; (iii) the plaintiff no. 2 is one of the devotees and authorised representative of Saccidananda Society which is a society engaged in propagating religious and spiritual discourse; the plaintiff no. 2 has personally supervised the operations of the plaintiff no. 1 Society for the last four years; (iv) the defendant no. 1 Ashok Sharma has been operating as head priest since the year 1965 at the said cremation ground and was appointed by the plaintiff no. 1 Society (it is incongruous that if the plaintiff no. 1 Society was incorporated on 16th February, 2005, how it could appoint defendant no. 1 in

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