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.

Headnote:(A) Civil Procedure Code - Order VII Rule 11 - The claims relating to Bari rights at Shri Kalkaji Mandir were adjudicated; multiple suits were rendered infructuous due to the expiration of the Bari term during which relief was sought - The merits of the parties' claims were not examined. (Paras 16, 18, 24, 47, 49)

(B) Legal Heirs - The question of eligibility of a legal heir based on adoption was addressed, with ongoing discussions about the rights of female legal heirs to conduct puja and participate in Bari rights as mandated by statutory and customary laws. (Paras 11, 26, 42)

Facts of the case:
The suits concerning Bari rights related to specific scheduled periods at Shri Kalkaji Mandir, with applicants seeking injunctive relief against disturbances from defendants. The auction conducted on Bari rights created disputes regarding share distribution among descendants.

Findings of Court:
The suits being found infructuous, the court disposed of them without delving into the merits of claims and counterclaims made by various parties.

Issues: Whether the reliefs sought had become obsolete due to the expiration of the scheduled term and eligibility of legal heirs regarding Bari rights, specifically concerning adoption and gender considerations.

Ratio Decidendi: The court held that once the scheduled period elapsed, suits seeking relief became infructuous, affirming that the merits of competing claims were not evaluated in such instances.

Result: Appeals disposed of as infructuous.

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 a