1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO:344/2008 (Sant Kabir Buwasaheb Ashram and others vs. Jiwan s/o Ramdeo Atone and others) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: B.R. GAVAI , J. DATED: 30th JANUARY, 2008. *** By way of the present petition, the petitioners challenge the order dated 23.1.2008 in Regular Civil Appeal No.6/2004 vide which learned Ad-hoc District Judge 7 th, Nagpur has allowed the application for grant of status quo filed by the respondents including other applicants. By the said order, the learned District Judge has directed that the applicants are entitled to perform pooja, archa bhogdat, kantiban ahar, mocha etc. and other auspicious ceremonies through their recognised Mahant of Deopanth till final decision of this Court and till then the non-applicants are restrained from creating obstruction in the religious ceremonies of the applicants. 2. Heard Mr Gode, learned counsel for 2 petitioners and Mr. Dhage, for Respondents 1 and 2, at length. 3. It is contended by Shri Gode, learned counsel for petitioners that the petitioner no.3 – Ekeshwardas s/o Gulabdas Mahant has an exclusive right to perform mocha. However, the said fact is disputed by Shri Dhage, learned counsel for respondents 1 and 2 and submitted that it is Shri Laldas s/o Dayaldas, who is the of Mahant of the Ashram (Trust), who has the right to perform mocha. However taking into consideration the fact that the said mocha has already commenced from 24 th of this months and a vast publicity is given to the mocha, interference at this stage at the hands of this Court would cause inconvenience to the devotees thronging the Ashram. I am, therefore, not inclined to interfere with the impugned order. However, it is made clear that the said arrangement shall continue to operate till the decision of the RCA No.6/2004 filed by the respondents. The learned Judge of the lower Appellate Court is directed to expedite the hearing of the said appeal and dispose of the same as expeditiously as possible and preferably within a period of six months from today. 4. It is further made clear that since the 3 petitioner no.1 has been recognised as trust by the Assistant Charity Commissioner and Joint Charity Commissioner and it is the contention of the petitioner no. 1 that the respondents would be utilising the premises which they are entitled to and also using the electricity, in the interest of justice, I direct the respondents to deposit an amount of Rs. 5,000/- with the petitioner no.1 to meet the expenses towards electricity and other necessary charges. The amount of Rs. 5,000/- be deposited prior to 31.1.2008. Petition stands disposed of with above directions. JUDGE sahare