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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Ashok Bhardwaj - Appellant
Versus
Dinkar Bhardwaj & Ors. - Respondents
Regular First Appeal No. 411, 413, 414 of 2021, Civil Suit (OS) No. 641 of 2005, 511, 512, 517, 518, 519, 520, 521, 524, 528, 531, 545, 546, 552, 553, 557, 559, 588, 683 of 2021, Miscellaneous Application No. 19847 of 2012, 16501, 16502, 19445, 19512 of 2014, 2234, 24296, 24297 of 2015, , 4478 of 2019, 8339 of 2020, 16148-16149 of 2021
Decided On : 31-01-2022
Shri Kalkaji Mandir - Rights of Heirs - CS (OS) 552/2021, CS(OS) 518/2021, CS(OS) 520/2021, CS(OS) 521/2021, CS(OS) 546/2021, CS(OS) 545/2021, CS(OS) 511/2021, CS(OS) 512/2021, CS(OS) 517/2021, CS(OS) 519/2021, RFa 413/2021, CS(OS) 524/2021, CS(OS) 528/2021, CS(OS) 531/2021, CS(OS) 553/2021, CS(OS) 683/2021, RFa 414/2021, CS (OS) 557/2021, CS (OS) 559/2021, CS(OS) 588/2021, CS(OS) 641/2005 & I.as. 19445/2014, 24296/2015, CS (OS) 642/2005 & I.as. 19847/2012, 16501/2014, 16502/2014, 19512/2014, 2234/2015, 24297/2015, 4478/2019, 8339/2020, RFa 411/2021
Fact of the Case:
The cases pertain to the rights of heirs in Shri Kalkaji Mandir, including issues related to Bari rights, puja sewa, and adoption.
Finding of the Court:
The court found that some suits were rendered infructuous due to the expiration of the period for which relief was sought. The court disposed of these suits as infructuous and all pending applications were also disposed of.
Issues: The main issue was whether the defendants were eligible legal heirs, particularly in cases involving adoption and rights of female legal heirs.
Ratio Decidendi: The court decided that suits seeking relief for periods that had already expired were rendered infructuous. The court clarified that it had not examined the merits of the contentions of the parties.
Final Decision: The court disposed of the suits as infructuous and all pending applications were also disposed of.
JUDGMENT
Prathiba M. Singh, J. (Oral). - This hearing has been done through video conferencing.
2. These matters pertain to the Shri Kalkaji Mandir, which this Court has been hearing from time to time. These are part heard matters.
CS (OS) 552/2021 & I.as. 16148-49/2021
3. In this matter, Mr. avinash Chaurasiya, ld. Counsel for the Defendant, submits that Defendant No.15-Mr. Dinesh Bhardwaj, who succeeded in the auction conducted on 4th October, 2019 for the Bari to conduct puja amongst members of Thulla Bahadur has not deposited the share of Defendant No.54 - Mr. Naveen Bhardwaj.
4. accordingly, issue notice to Mr. Lokesh Bhardwaj (Mob. No.9971576388), ld. Counsel and to Defendant No.15 - Mr. Dinesh Bhardwaj (Mob. No.9717252688 & 9818760009). Mr. Dinesh Bhardwaj shall join the proceedings on the next date of hearing and explain as to why the share of Defendant No.54 has not been deposited.
5. Mr. Kush Bhardwaj, ld. Counsel, submits that an FDR of Rs.4,22,500/- bearing no.488944 dated 7th October, 2019, is lying deposited with the trial court. Registry to put up a report in this regard after ascertaining from the concerned Nazir.
6. List on 7th March, 2022.
7. On the said date, I.a. 16148/2021 filed by Defendant No.54, shall also be taken up for hearing.
CS(OS) 518/2021
CS(OS) 520/2021
CS(OS) 521/2021
CS(OS) 546/2021
8. List these matters along with CS(OS) 552/2021 titled 'Naval Bhardwaj v. Brij Mohan' on 7th March, 2022.
CS (OS) 545/2021
9. None appears for either of the parties.
10. accordingly, list on 13th april, 2022.
CS(OS) 511/2021
CS(OS) 512/2021
11. In these matters, the question is whether the Defendant is an eligible legal heir, in view of the fact that he claims rights through adoption.
12. CS(OS) 512/2021 is stated to be connected with RSa 109/2018.
13. accordingly, list these matters on 13th april, 2022, along with CS(OS) 545/2021 and RSa 109/2018.
CS(OS) 517/2021
14. None appears for the Plaintiff.
15. This suit relates to the exercise of Bari rights at Shri Kalkaji Mandir. However, the said Bari was scheduled between the midnight intervening 22nd april, 2021-23rd april, 2021 and ending on the midnight intervening 21st May, 2021-22nd May, 2021.
16. The reliefs sought in this matter were as under:
'a. Pass a Decree of Perpetual Injunction in favor of the Plaintiff and against the Defendants thereby restraining the Defendants, their servants, agents, employees etc. from causing any interference, hindrance, obstruction, or disturbance in the right and title of the Plaintiff to exercise Baari Rights at Shri Kalkaji Mandir during the Baari Term i.e. from the midnight intervening 22.04.2021 - 23.04.2021 and ending on the midnight intervening 21.05.2021 - 22.05.2021.
B. Pass an order thereby auctioning Baari rights amongst the Male members of the above mentioned particular subsect of Thulla Rambaksh wherein the highest bidder shall be given exclusive Baari Rights during the Baari Term i.e. from the midnight intervening 22.04.2021 - 23.04.2021 and ending on the midnight intervening 21.05.2021 - 22.05.2021 and thereby restraining all other Priest / Pujaris their agents, servants, assignees, representatives etc. from interfering with the exercise of the same during such period.'
17. an application under Order VII Rule 11 CPC is also stated to have been filed by the Defendant in this matter.
18. Considering that the period in respect of which the relief has been sought in the suit has already expired, the suit has been rendered infructuous. accordingly, the suit is disposed of as infructuous. all pending applications are also disposed of.
19. It is made clear that this Court has not examined the merits of the contentions of the parties.
CS (OS) 519/2021
20. None appears for the Plaintiff.
21. This suit has been filed by members of Thulla Tansukh relating to Bari rights in Shri Kalkaji Mandir. However, the said Bari was scheduled between the midnight intervening 24th-25th December, 2020 and ending on the midnight intervening 23rd-24th January, 202
AI
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....
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.
The court affirmed that female heirs have equal rights to perform rituals and manage offerings in religious spaces, countering male domination in such practices.
Point of Law : Respondent seems to have monopolised bari and related rights, and is also not giving any proper accounts qua said bari - Court Receivers for the period said two Receivers are permitted....
The court ruled that rights to temple offerings must be resolved before any applications regarding their allocation can be granted.
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 ....
Court emphasized coordinated judicial oversight for effective management of public places of worship, highlighting cleanliness and accountability amidst multiple ongoing litigations.
The main legal point established in the judgment is the authority of the court to direct eviction and provide rehabilitation options for unauthorized occupants, emphasizing the need for expedited imp....
Eviction of unauthorized occupants from temple premises is upheld while ensuring rehabilitation under specific schemes, and rights of female heirs to offerings and puja sewa require future adjudicati....
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