:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 930 OF 2007 IN FIRST APPEAL NO. 387 OF 2007 Shriguru Mahashivsharni "Basawambikadevi" Uttaradhikari Vireshwar Punyashram and ors. .. Applicants Vs. Shri Chairman, Shrishivyogi Mandir Sanstha and ors. .. Respondents Mr. Amogh Paralikar for applicants. Mr. S.A. Rajeshirke for respondent no.1. Mr. K.Y. Mandlik for respondent nos.2,4a, 5 to 7. CORAM: B.H. MARLAPALLE & S.J. VAZIFDAR,JJ. CORAM: B.H. MARLAPALLE & S.J. VAZIFDAR,JJ. CORAM: B.H. MARLAPALLE & S.J. VAZIFDAR,JJ. Date : April 27, 2009. Date : April 27, 2009. Date : April 27, 2009. P.C.: P.C.: P.C.: 1. We have heard Mr. Paralikar the learned counsel for the applicants who are appellants in First Appeal No. 387 of 2007. The applicants had filed Regular Civil Suit No. 1005 of 1991 and the same has been dismissed by the learned Civil Judge, S.D. at Solapur. :2: 2. By this application, the applicants pray for an injunctory relief in the following terms:- "The respondents or their agents or servants may kindly be restrained by an order of injunction from interfering with the possession of Applicant No.1 of the suit premises or from obstructing the Applicant No.1 from using the suit premises, pending the hearing and final disposal of the First Appeal." 3. The respondents have filed affidavit-in-reply and while opposing the prayer for interim relief, have stated that they have no objection if the applicant no.1 continues to reside in the Math (suit premises) i.e. 934, North Kasba Solapur and they have also no objection if she performs day-to-day religious activity, namely, Pooja-Archa, Bhajan-Kirtan provided she does not obstruct or interfere with functions, duties to be performed by them and obligations imposed on them by the trust deed such as Basv Jayanti, Utsav along with procession, Rudrambikadevi Jayanti and :3: Dasoh (Anna Chhatra) and also to recover the rent from tenants in suit property and to cultivate and to take the income, crops from the agricultural lands of the trust properties. 4. Hence, this application is partly allowed on the basis of the undertaking furnished by the respondents-trustees. The respondents are hereby retrained from causing obstruction to the residence of the applicant no.1 in the Math premises and in performance of her day-to-day religious activities, namely, Pooja-Archa and Bhajan-Kirtan. We also make it clear that the applicant no.1 or any of her representatives shall not cause obstruction to the respondents in performance of their functions, duties and obligation as trustees, such as Basv Jayanti, Utsav along with procession, Rudrambikadevi Jayanti and Dasoh (Anna Chhatra) and also to recover the rent from tenants in suit property and to cultivate and to take the income, crops from the agricultural lands of the trust properties. :4: (S.J. Vazifdar, J.) (S.J. Vazifdar, J.) (S.J. Vazifdar, J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)