ca9938.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9938 OF 2011 IN FIRST APPEAL NO. 619 OF 2011 Shankar s/o Yadneshwar Mule .. APPLICANT VERSUS Shaileja w/o Ramesh Sawai & another .. RESPONDENTS Mr. L.V. Sangeet, advocate for the applicant. Mr. Mr. A.S. Bajaj, advocate for respondent no. 1. Mr. N.R. Katneshwarkar, advocate for respondent no. 2. ===== CORAM : R.M. BORDE, J. DATE : 2 nd September, 2011. PER COURT : 1 Learned Civil Judge, Sr.Dn., Sangamner has held while delivering judgment in Special Civil Suit no. 159/1997 that “CTS No. 2658 shall remain joint, that of plaintiff and defendant no. 1”. In view of the pronouncement by trial court in respect of CTS No. 2658, applicant / original defendant cannot be restrained from visiting the temple or performing Pooja. 2 Defendant / applicant herein has presented affidavit and contends ca9938.11 2 that he himself is interested in visiting the temple and performing Pooja. Defendant, if he visits the temple personally, shall not be restrained in any manner so also defendant, if accompanied by his friends and relatives, shall not be restrained from visiting the place and performing Pooja and having darshan of the deity. It is clarified that there cannot be restrain order as against defendant / applicant herein in his personal capacity. However, any other person claiming to be interested through defendant, in the absence of defendant, shall not be entitled to have access to the disputed place. Original plaintiff shall facilitate access to the defendant or his friends and relatives accompanied by him, by removing lock or may make necessary arrangement for providing access to the defendant. With these directions, civil application stands disposed of. ( R. M. BORDE, J.) dyb