1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 9592 OF 2009 IN SECOND APPEAL NO. 383 OF 2004 Ramkrishna s/o Balambhat Bhopi & ors. ...Applicants VERSUS Vijaykumar s/o Ambadas Bhopi & ors. ...Respondents ..... Shri V.J.Dixit, advocate for the applicants Shri S.S.Choudhary, advocate for resp.nos. 1,5,8 and 9 Shri Vivek Dhage, advocate for resp.nos. 2, 4 to 7 ..... CORAM : R.M.BORDE, J. DATED : 18th September, 2009 PER COURT : 1 The applicants contend that they have right to perform Pooja of Goddess Renuka Devi in the sanctorum of the temple. 2 According to them, such a right is conferred in view of the sanctioned scheme. It is further contended that the fore-fathers of the applicants were also enjoying the said right of performance of Pooja in the sanctorum of the temple. The applicants apprehend that there would be resistance in exercise of their right at the hands of the respondents and as such have approached the court seeking an appropriate order permitting them to perform Pooja and Homhavan in the sanctorum of temple fo Goddess Renuka Devi during Navratri festival and an injunction is also sought for against the respondents restraining them from interfering in performance of Pooja by the applicants during the afore said period in the sanctorum of the temple. 2 The application is vehemently opposed by the respondents contending that the very scheme, on the basis of which right is claimed, is subject matter of challenge in the Second Appeal. It is pointed out that in similar circumstances, an application was made in a proceeding i.e. Civil Application No. 8253 of 2007 and the applicants in the said application were permitted to perform Pooja and Homhavan in the Sabhamandap or any other place in the temple excluding the sanctorum. Shri Choudhary and Shri Dhage, learned counsel appearing for the contesting respondents make statement that the applicants or 3 any other individual connected with the affairs of the temple or claiming right to perform the Pooja will not be obstructed in performance of Pooja or other religious acts like Homhavan in Sabhamandap or in the premises of the temple excluding sanctorum. The applicants or any other persons not specifically authorised shall not be entitled to enter the sanctorum for performance of Pooja. The application tendered in preceding year came to be disposed of on the basis of the statement made by the contesting respondents and the applicants in the said application were permitted to perform Pooja and other religious ceremonies in the premises of the temple including Sabhamandap. 3 Considering the contentions raised by the contesting parties, I am of the opinion that arrangement which was made during the preceding year shall be adopted during the Navratri festival of the current year. The contesting respondents have specifically made statement that the applicants or any other individual connected with the affairs of the temple or wishing to perform Pooja will not be obstructed by the concerned respondents or the management of the temple in performance of the Pooja and other religious ceremonies like Homhavan, etc. in Sabhamandap or at any other place in the premises of the temple excluding the sanctorum. Thus the applicants or any other 4 individual connected with the affairs of the temple shall have entitlement to perform Pooja or Homhavan in Sabhamandap and other premises of the temple. However, the persons except those authorised shall not be entitled to enter the sanctorum for performance of Pooja. All the parties and the persons connected with the administration of the temple shall take note of the order passed in this Civil Application. 4 Considering the statement made by the learned counsel for the contesting respondents, the Civil Application stands disposed of. (R.M.BORDE, J.) dbm/ca9592.09