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PRATHIBA M. SINGH
Rakesh Bhardwaj – Appellant
Versus
Mahant Surender Nath – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through hybrid mode.
2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.
3. Vide order dated 27th September 2021, the present matters pertaining to the Kalkaji Mandir were transferred to this Court under Section 24 of The Code of Civil Procedure, 1908.
RFa 412/2021
4. The present first appeal has been filed challenging the order dated 30th July, 2018 passed by the Ld. Civil Judge, South-East, Saket District Courts, New Delhi (hereinafter, 'Trial Court') in Civil Suit No.51666/2016 titled Rakesh Bharadwaj & anr. v. Surinder Nath @ Surinder Kumar. By the impugned order, the suit for declaration and injunction filed by the appellants-Plaintiffs (hereinafter, 'Plaintiffs') has been dismissed by the Trial Court.
5. The reliefs sought in the plaint include a declaration to the effect that the Respondent-Defendant (hereinafter 'Defendant') is not the Mahant of the Kalkaji Mandir and that he has no right, title, interest, claim or share to perform the Pooja Sewa or archana or to collect Tehbazaari. The said reliefs have been extracted below:
'a. To pass a dec
The main legal point established in the judgment is the court's authority to transfer matters under Section 24 of the Civil Procedure Code, 1908, the dismissal of suits due to lack of appearance by t....
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 High Court may consolidate and adjudicate multiple related cases under Article 227 to improve judicial efficiency, particularly in complex temple management disputes.
The main legal point established in the judgment is that suits seeking relief for periods that had already expired were rendered infructuous, leading to the disposal of the suits and pending applicat....
Timely vacating of premises for re-development is crucial to facilitate the cleaning and re-development of the Mandir premises.
The court ruled that rights to temple offerings must be resolved before any applications regarding their allocation can be granted.
The court affirms its jurisdiction in overseeing compliance with administrative directives regarding unauthorized occupation and emphasizes structured redevelopment for community benefit.
Claims for religious rights and injunctions become legally irrelevant if the relevant period for exercising those rights has expired, reinforcing the urgent need for timely adjudication.
Unauthorized occupants of temple premises must vacate by a fixed deadline, ensuring administrative authority in property management and redevelopment.
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