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1992 Supreme(Raj) 36

N.K.JAIN
Shri Iqbal – Appellant
Versus
His Holiness Dr. Syedna Mohd. Barhanuddin Saheb through his Attorney holders – Respondent


Advocates Appeared:
L.R. Mehta, R. Mehta & B.S. Devpura, Advocates, for Appellants Y.H. Muchhala, D.S. Gupta, N.P. Gupta & S.S. Sharma, Advocate, for Respondents

JAIN, J.—These are defendants appeals against the order dt. 14.11.91 passed by the learned District Judge, Udaipur whereby he has allowed the plaintiffs application dt. 20.5.85 for grant of temporary injunction under 0.39 Rule 1 and 2 read with Sec. 151 CPC and 0.41 R.l CPC for appointment of Receiver in a suit for declaration, possession and injunction.

(2) The relevant history which is necessary to understand the controversy is that the parties belong to Dawoodi Bohra Community of Shia sect. The appellants are progressive Jamat. The parties to the suit are Shia Muslims in contract to Shunni Muslims. Shia are those Muslims who after the death of prophet Mohammed Saheb attached themselves with Ali, the son-in-law of the prophet, considering him to be the successor of the prophet Mohammed Saheb both in religious and spiritual matters, whereas Sunni Muslims believes that Abu Baker, the father-in-law of the prophet is the successor of the prophet Mohammed Saheb. Further Shia Muslims are divided into two sects known as Ismilia and Ishna Asharia. Dawoodi Bohras belongs to Ismilia. These sects are governed by their own law. The parties to the suit are Dawoodi Bohras and according to the p































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