: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5080 OF 2008 CIVIL APPLICATION NO.5080 OF 2008 CIVIL APPLICATION NO.5080 OF 2008 IN IN IN FIRST APPEAL NO.1926 OF 2008 FIRST APPEAL NO.1926 OF 2008 FIRST APPEAL NO.1926 OF 2008 Mr.Jebakumar & Ors. ...Applicants. V/s. Rev.John Dason & Ors. ...Respondents. Mr.J.S.Kiney i/by Suresh Dubey , advs. for the Applicants. Mr.Suresh Gole i/by Suresh Gole & Co. , adv. for the Respondents. CORAM: CORAM: CORAM: J.H.Bhatia,J J.H.Bhatia,J J.H.Bhatia,J. DATE : 23rd October, 2008. DATE : 23rd October, 2008. DATE : 23rd October, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the Parties. 2. The applicants before this Court are the original defendants. The dispute is about the right of management and prayer services in the Church pending the suit. The trial Court had passed an order dated 23rd August, 2004 whereby times of prayer meetings were fixed. That order was challenged by the plaintiffs in A.O.No.855 of 2004. That appeal was disposed off by the learned Single Judge of this Court as per the order dated 5th October, 2004 confirming the direction given by the trial Court about the different timings of prayers and service by the plaintiffs and the defendants. However, in that matter, this Court : 2 : had noted that the plaintiffs wanted to appoint two watchmen, who would be present at the time of service conducted by the defendants in the church and the learned counsel for the defendants had agreed that the defendants would pay remuneration of two watchmen. 3. After hearing the learned counsel for the Parties, I find that it will be in the interest of both the parties that the said arrangement should continue pending the appeal. The learned counsel for the plaintiffs/respondents in the present appeal makes a statement that due to facility of separate prayers and service by the defendants/appellants, plaintiffs will have to spend money on electricity, mike, etc. After some discussion, parties agree that to meet those expenses, defendants may be directed to pay further amount of Rs.1,000/- per month. The learned counsel for the Plaintiffs/respondents also contends that for the last about two months, defendants have stopped remuneration of two watchmen also. 4. In view of this, I direct the arrangement of separate timings for prayers directed by the trial Court in the Notice of Motion No.2397 of 2004 as modified by the order of this Court dated 5th October, 2004 in A.O.No.855 of 2004 shall continue to be in operation pending the First Appeal No.1926 of 2008. The defendants/appellants shall : 3 : pay arrears of remuneration of two watchmen within four weeks and shall also pay an amount of Rs.1,000/- per month in addition to above charges towards the expenses of electricity, etc. from October, 2008 to the Plaintiffs/Respondents pending the appeal. 5. With these directions, civil application stands disposed off. (J.H.Bhatia, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.)