A court may grant leave to institute a suit without notice under Section 80(2) CPC if urgent relief is necessary, and the appointment of an Advocate Commissioner for local investigation is valid and does not prejudice the parties.

JUDGMENT :

Rohit Ranjan Agarwal, J.

1. The present revision filed under Section 115 of Code of Civil Procedure (hereinafter called as the ‘ CPC ’) questions the order dated 19.11.2024 passed on application paper no. 3C filed by plaintiff respondent nos. 1 to 8 for grant of leave to institute the suit before expiry of period of notice under Section 80 (2) CPC , and the order dated 19.11.2024 for appointment of Commission for local investigation paper no. 8C under Order XXVI Rule 9 and 10 CPC .

2. Facts, leading to filing of present revision, are that plaintiff respondent nos. 1 to 8 instituted a Civil Suit No. 166 of 2024, which was later numbered as Original Suit No. 182 of 2024, claiming relief of declaration and permanent injunction against revisionist/defendant no. 6 and respondent nos. 9 to 13.

3. Relief ‘A’ was for declaration to the effect that plaintiffs have right to access into Sri Harihar Temple/alleged Jami Masjid situated in city Sambhal as described in paragraph nos. 1 and 2 of the plaint and declared as protected monument on 18.11.1920 under Section 3 of the Ancient Monuments Preservations Act, 1904 (hereinafter referred as the ‘Act of 1904’). Relief ‘B’ was for declaration to the effect that Archaeological Survey of India (hereinafter referred as the ‘ASI’) is under legal obligation to manage and to have complete control over Sri HariharTemple/alleged Jami Masjid in view of notification dated 18.11.1920. Relief ‘C’ was sought for mandatory injunction commanding defendant nos. 1 to 5 of the suit to make appropriate provision for giving access to the members of public within Sri Harihar Temple/alleged Jami Masjid situated in city Sambhal, and lastly relief ‘D’ was sought for permanent injunction restraining the defendants, their officers, workers and every person acting under them from creating any hurdle/obstacle in entering the plaintiffs and members of the public into the disputed place.

4. According to the plaint, there is a centuries old Sri Harihar Temple dedicated to Lord Kalki in the heart of city of Sambhal which is being forcibly and unlawfully used by the committee known as Jami Masjid Committee, Sambhal. Sambhal is a historical city and holds unique signs deeply routed in Hindu Shastras according to which it is a sacred site wherein incarnation of Lord Vishnu known as Kalki manifest in future, a divine figure yet to make an appearance. Kalki is believed to be 10^th and last incarnation of Lord Vishnu destined to arrive in Kalyug.

5. The old city of Sambhal is situated at the banks of Mahismat river. In Satyug it was named as Sabrit or Sabrat and also Sambleswar, in Tretayug Mahadgiri, in Dwapar – Pingla and in Kalyug it is named as Sambhal. It is further alleged that in ancient times an unique vigrah constituting of Lord Vishnu and Lord Shiva emerged and due to this reason it was called ‘Sri Harihar Temple’.

6. According to plaint version Sri Harihar Temple of Sambhal was made by Lord Vishwakarma himself in the beginning of universe. Further, it is alleged that during invasion of Babar in 1526 AD, he had destroyed number of Hindu temples. In 1