1. Position of Mahant, pivotal in the affairs of temple, is catapulted to centre stage in these proceedings.

2. Order dated 30.5.2007 passed by the learned Principal District Judge, Jammu is under challenge in this Civil First Miscellaneous Appeal.

3. The facts of the case are briefly summarized as under:

The appellants-plaintiffs instituted a civil original suit against the respondents-defendants in the Court of learned Principal District Judge, Jammu, praying therein that a decree for permanent prohibitory injunction be passed restraining the respondents-defendants from interfering in the management, superintendence, administration of the affairs and activities of the appellants-plaintiffs in respect to all types of religious activities conducted as per the Bye-laws, Constitution, Rules, Vidhaan, Niyam etc. of appellants 1 & 2 with respect to Shivalaya Mandir, Dashnaami Akhara, Panjbhaktar, Jammu, a Sanyasi Muth, commonly known as "rupayion wala Mandir" (for short, temple). Further a decree for permanent prohibitory injunction was sought to restrain the respondents-defendants from causing any type of interference in the rights of appellant-plaintiff No.3 as a Mahant of the temple in any manner and to adhere to the mandate of resolution dated 14.4.2007 passed by appellants-plaintiffs 1 & 2. Further a prayer was made for issuance of a decree of mandatory injunction against the respondents-defendants directing them to pay obeisance and offer prayers as per the time table already fixed by late Mahant Shri Parshu Ram Giri and subsequently by appellants-plaintiffs 1 & 3 and to abide by the tenets of Shri Panch Dashnaam Zoona Akhara as a usual and general worshipers of the temple; with a further direction to them to remove all types of hindrances, obstructions, unbecoming activities and anti-akhara or anti-religious activities.

4. In the plaint the appellants-plaintiffs claim that appellant No.1 is a registered Society with the name and style of Shri Panch Dashnaam Zoona Akhara registered with the Joint Registrar of Stock Companies and Co-operative Societies, Lucknow (for short "Akhara"). It is further pleaded that the said Akhara has its own Constitution and Rules known as Shri Panch Dashnaam Zoona Akhara ka Memorandum tatha uskay Parbandh Kay Sanshodit Niyam. It is further pleaded that appellant No.2 is also a juristic person like appellant No.1 and can sue as well as can be sued. The appellant No.2 is a registered Society with the name and style of Saadhoo Dharam-Sthan Surakshini Samitee, Jammu and Kashmir bearing No.16 of 2006 Bk. Svt. (for short, "Samiti"). The working and functioning of appellant No.2 is claimed to be governed by its Vidhan and Niyams, copies whereof have been enclosed with the plaint. The sheet-anchor of the case of appellants-plaintiffs is that the Akhara and Samiti is the final authority as far as Sanyasi Maths are concerned. The area of operation, management, administration etc. of appellant No.1 extends to whole of India and beyond its territories as well. Appellant No.2 confines its religious activities within the territories of the State of J&K and all practices, functions and duties are being performed by the appellants as per their Constitution, By-laws, usages, rules, customs etc. so as to achieve and fulfil their respective aims and objectives and to continue with the practice of religion started from time immemorial.

It is further pleaded by the appellants in the suit that it is their exclusive domain to nominate, elect and appoint the successors of the Asthans, Maths, Temples, Pathshalas, Dharamshalas or any other religious place, by whatever name it is called, and in whatever shape they exist, as the case may be. The specific case of the appellants is that they follow the Sanyasi Math, who worship Lord Shiva, whereas the respondents are called the Bairagees, who worship Lord Vishnu. It is further pleaded that after the death of a Mahant, the successor Mahant, who is the disciple (chela) of deceased M

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