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PRATHIBA M. SINGH
Neeta Bhardwaj – Appellant
Versus
Kamlesh Sharma – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through video conferencing.
CM. APPLs.20947/2021, 20948/2021, 20950/2021, 20951/2021 in CM(M) 323/2021 (for exemptions)
2. Allowed, subject to all just exceptions. Applications are disposed of.
CM. APPL.20946/2021 (for condonation of delay) in CM(M)323/2021
3. This is an application for condonation of delay in filing the review application. For the reasons stated in the application, delay in filing the review is condoned. Application is disposed of.
CM APPL. 20904/2021 (for modification) in FAO 36/2021
4. Issue notice. Mr. Qayam Ud Din, ld. Counsel, accepts notice.
5. Let reply be filed within one weeks. Rejoinder be filed before the next date of hearing.
CM APPL. 14178/2021 (for appointment of Court Receivers) in CM(M) 323/2021
6. Vide order dated 16th April 2021, read with the Corrigendum to the same, court receivers were appointed in this matter for a period from 17th April 2021 till 22nd/23rd April 2021, i.e., for the period of the Shashmahi Bari, in order to assess the offerings and donations as also the tehbazari right
The main legal point established is the need for effective orders to address the unsatisfactory condition of the temple, the delay in adjudication due to multiple pending cases, and the requirement f....
Court emphasized coordinated judicial oversight for effective management of public places of worship, highlighting cleanliness and accountability amidst multiple ongoing litigations.
The court affirmed its jurisdiction to comprehensively address management issues of a religious institution, emphasizing necessary actions against unauthorized occupants and ensuring compliance with ....
There is enormous in-fighting amongst the stakeholders which is reflected in various proceedings that were pending in different courts.
The main legal point established in the judgment is the court's authority to appoint Receivers to ensure proper accountability and smooth functioning of a temple during a legal heir's bari.
The High Court may consolidate and adjudicate multiple related cases under Article 227 to improve judicial efficiency, particularly in complex temple management disputes.
The court mandates the appointment of an Independent Administrator for effective management and redevelopment of a temple amidst ongoing disputes and critical hygiene issues affecting devotees.
The court affirmed that female heirs have equal rights to perform rituals and manage offerings in religious spaces, countering male domination in such practices.
The central legal point established in the judgment is the court's authority to issue directions for the regulation and management of religious premises, removal of unauthorized encroachments, and pr....
Once the unauthorized occupants, unauthorized constructions and encroachments are removed, within the next one week, steps shall be initiated towards re-development of the entire Mandir and the compl....
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