IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No. 5079/2008 (Brij Mohan & Others Versus Laxmi Chand & Others) Date of Order :: 19th August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. R.K. Agarwal for the petitioners Mr. A.K. Pareek for the respondents BY THE COURT: The matter has come for orders on an application filed on behalf of plaintiff- respondents seeking direction for division of offerings, but learned counsel for both the parties contended that main writ petition itself may be heard and decided finally. 2. Admit. 3. Heard learned counsel for the parties. 4. The plaintiff-respondents filed a suit for declaration and permanent injunction alongwith an application for temporary injunction, which was decided by the Judicial Magistrate, First Class, Indragarh, District Bundi vide order dated 8th October, 2007 by directing both the parties to maintain the status-quo in respect of their division of offerings, as mentioned in para no. 7 of the application for temporary injunction. -2- 5. The first appellate court has affirmed the order passed by the trial court vide its order dated 9th May, 2008. Being aggrieved with the same, the defendants have preferred this writ petition under Article 227 of the Constitution. 6. Both the parties have argued their case at length and after considering their submissions, I am of the view that trial court may be directed to decide the suit itself and in the mean time the offerings may be deposited in the court of Naib Tehsildar with some arrangements. 7. Consequently, the writ petition is disposed of with a direction to the trial court to decide the suit itself as soon as possible preferably within a period of one year from today. So far as interim arrangement during pendency of suit is concerned, it is directed that whatever the offerings in cash and kind are received in the temple, will be deposited in the court / office of Naib Tehsildar, who shall maintain the account of the same and give copy thereof to both the parties. Out of the said offerings, the 50% of the cash and kind as well as entire clothes and other things, except silver and gold ornaments, will be distributed -3- by the Naib Tehsildar among all the seven pujaries in equal share on monthly basis. The discretion of the Naib Tehsildar in distributing the offerings among seven pujaries will be final. 8. No order as to costs. 9. In view of above, there is no need to pass any order on the application filed by the respondents and that stands disposed of automatically. (NARENDRA KUMAR JAIN),J. DK