Courts act as guardians of deity properties and, in the interest of justice, may appoint special officers for fact-finding enquiries to protect religious estates during litigation, even where a standard prima facie case for interim injunction has not been adequately established by the plaintiff.

Judgment :

Biswaroop Chowdhury, J.

1.The petitioner before this Court is a plaintiff in a suit for partition declaration and injunction and is aggrieved by the order dated 03/10/2024 passed by Learned Additional District Judge 2nd Court Sealdah South 24 Parganas in Misc Appeal 61 of 2024 whereby Learned Judge refused to allow the prayer for ad-interim injunction.

2. The case of the petitioner/plaintiff before the Learned Trial Court may be summed up thus:-

3. The petitioner/plaintiff and the defendants are the joint Shebaits of the schedule ‘A’ and Schedule ‘B’ property though the opposite parties/defendants are not staying within the State of West Bengal as it appears from the address of the opposite parties. The defendants have not been performing the Shebaitshp rights rather the plaintiff is continuing to perform his sebaiti rights inherited from the predecessor. However for the difficulties of such joint enjoyment of Seva Puja and the Sebaitship Rights thereby the Petitioner/appellant/plaintiff on several occasion requested to settle the matter but the opposite parties/respondents deliberately and intentionally avoided for such solution thereby the petitioner sent a notice on 05-08-2024 through speed post for amicable settlement as to the disputes between the parties and the Defendants did not reply the notice dated 05-08-2024. It was further contended that injunction is very much required for the purpose of protection of the Schedule ‘A’ and Schedule ‘B’ property. Further the injunction is very much required for the purpose of protection of the Schedule ‘A’ and Schedule ‘B’ property as well as the rights of shebaitship as inherited from the predecessor-in-interest and thus the order of injunction is to be passed restraining the opposite parties defendants and their men and agents from transferring letting out, changing the nature and character of the suit/schedule property and also from encumbering them and from creating any third party interest to the aforesaid schedule property. It is also contended that if injunction is not granted the petitioner will suffer irreparable loss and injury and such loss cannot be compensated in any money value even the right of shebaitship will be hampered and the Seva Puja of the deity will be also hampered which is continuing since the inception of the predecessors right title interest and possession over the schedule properties.

4. The ground for rejection of the prayer for ad-interim injunction by the Learned Trial Court was that the plaintiff has not filed original family settlement nor has filed the death certificates of their predecessors, and has filed Xerox documents.

5. The appellate Court while dismissing the prayer for ad-interim order was pleased to observe as follows:-

‘Perused the deed of partition dated 08-06-1904 relied by the appellant/plaintiff. There are three schedules in the deed:-

Schedule A – (KA)-represents the entire partible property.

Schedule B-(KHA)-Allotted portion of Nagendra Nath Dey.

Schedule – C (GA)-allotted portion of Kartick Ch. Dey. and Smt. Sushila Dasi.

6. It appears that Court should be concerned with the schedule B (KHA) of the deed of partition which was allotted portion of Nagendra Nath Dey. It further appears that total of B (Kha) property measures 8 Cottah 13 chittacks, 18 sft. at 7 Gopal Chandra Lane was stated to be within the limits of Jorasanko PS.

7. The properties described in the instant appeal being schedule-A measures 8 bighas on Dr. Suresh Chandra Baner