Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
CNR : MHCC01-003364-2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.1032 OF 2018
IN
S.C. SUIT NO.2634 OF 2003
1 Smt. Sushila Mathuradas Thakkar & Ors. .. Plaintiffs
V/s.
1 Shri Suresh G. Boble & Ors. .. Defendants
Appearances:
Ms. V. M. Thakkar, Adv. for plaintiffs.
Mr. Suresh Gole, Adv. for defendants.
CORAM : A.I. PERAMPALLI,
JUDGE, (C.R.NO.13)
DATE : 23rd March, 2018.
ORDER
1 This is Notice of Motion of the defendants. It is urged that
the defendants be allowed to collect donations on the eve of Ram
Navami festival which will be celebrated in the premises of Rameshwar
Temple during Ram Janmashtami on 25/03/2018.
2 Perused the affidavit of Mr. Suresh Boble the defendant
No.1 in support of Notice of Motion and rejoinder. Perused the
affidavit of Ms. Vandana Mathuradas Thakkar plaintiff No.3 and
further additional affidavit of her. Perused the documents filed against
it.
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3 It is undisputed fact that on 16/09/2006, my learned
predecessor has come to the conclusion that the defendants are in
possession, use and control of the temple. This Court allowed
defendants to collect donations with permission of this Court during the
festivals to be celebrated in the Rameshwar Temple. The defendants
since date of the order every year used to obtain permission and
conduct festival of Ram Navami. After permission of the Court, they
collected donations during Ram Navami.
4 It is undeniable fact that the on 25/03/2018, there is
auspicious day i.e. Ram Navmi. The plaintiffs accepted that the
defendants are going to celebrate it. Invitation cards and the pamphlets
are produced on record in which schedule of programme is clearly
mentioned which will start from 21/03/2018 and last date is
25/03/2018.
5 The plaintiffs' advocate accepted that the defendants are
accepting donations. The defendants also asserted that donations are
bound to come in the form of cash, gold and valuables by way of
offerings by the devotees. If permission is refused, temple will suffer
financial difficulties.
6 In order to avoid chaos in the Rameshwar Temple premises
as well as in the locality, if offerings and donations are not accepted,
the defendants urge to grant permission to collect donations. It is also
urged that one advocate or staff of the Court be appointed to oversee
collection.
7 The plaintiffs in the affidavit submitted that the defendant
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No.1 has not produced any permission which is issued by the Mumbai
Muncipal Corporation or any other documentary evidence to show that
the suit temple is safe to use and occupy. The defendants did not come
with clean hands and misguided and misled the Court. No cause of
action against the plaintiffs. The defendants have suppressed the
materials facts. They suppressed the facts regarding stability of the suit
temple. The temple is dilapidated structure and it falls under 'CI'
category. The Mumbai Municipal Corporation has issued notice
dt.03/07/2008 U/s.354 of MMC Act and directing the plaintiffs to pull
down the entire suit temple. The Corporation also issued notice
dt.12/04/2008 directing the defendants not to use the suit temple and
its surroundings open area for any purpose in the interest of public at
large. Public will gather in large in the dilapidated suit temple. It is
necessary to restrain the defendants from entering the suit temple and
from using the suit temple premises for collecting donations.
8 It is necessary to pull down the suit temple. The
defendants are playing with the safety of public at large. They are not
entitled to use and occupation of the temple. The question of granting
permission to collect donations on the day of celebration of Ram
Navami does not arise. It is submitted that the defendants decided to
remove the oldest idols from the suit temple and replace them with new
idols without taking permission of the plaintiffs on the eve of Ram
Navami celebrations.
9 In additional affidavit, Ms. Thakker submitted about
dilapidated condition and danger prevailing to the suit temple and the
premises. It is alleged that the defendants in collusion with Mr.
Sadanand D. Shetty, Dr. Kesharsing Patil and Mr. Hussain Razak Bux
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hatched plan to sell the antique, priceless deities of the suit temple
with some ill intentions and ulterior motive without written permission
of the plaintiffs who are the owners of the temple. The defendants have
collected lakhs of rupees by way of donations in the name re
installation of new deities. It is submitted that Vinaba Bhave Nagar
Police Station be directed to inquire into the matter and submit report.
10 Both the sides have submitted written argument. I am not
reproducing it but directly dealing with the crux of the matter.
11 At the very outset, I would like to state that the plaintiffs
have taken out Notice of Motion 1209/18 for injunction from removing,
changing or replacing or restoring any deities in the suit premises
temple i.e. Rameshwar Temple. I would like to deal with it separately
instead of harping on this Notice of Motion.
12 Adv. Mr. Gole has produced photographs of inside and
outside portion of the Rameshwar Temple showing position of the
temple. From photographs, it appears to me that the defendants have
made arrangement for the devotees to offer their offerings to the deities
in the temple.
13 Adv. Ms. Thakker has also produced photographs of the
suit temple. From the photographs, it appears that certain portion of
the first floor and slab is collapsed and certain portion is existing and
BMC and Fire Brigade Department prohibited for use of first floor.
14 I have gone through the photographs. I have gone through
notice which was issued in the year 2008. Since then neither the
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plaintiffs nor the defendants have taken any steps under the provisions
of MMC Act. It is a fact that the condition of the temple is dilapidated
as appears from photographs. Structural audit is necessary. From the
photographs, it is not proper to jump to the conclusion that it is just and
proper to close the temple and refuse permission to the defendants to
celebrate Ram Navami festival.
15 As safety measures, it is necessary to take precaution.
Since notice in 2008, temple is standing there. Even after notice, both
the parties remain placid and passive and as and when there is Ram
Navami, both the parties are approaching to the Court.
16 Considering the Ram Navami festival, it is just and proper
to pass the following order. Thus, I proceed to pass following order.
O R D E R
1 Notice of Motion No.1032 of 2018 is made absolute in
terms of prayer clause(a).
2 Registrar, City Civil Court, shall deploy or appoint Assistant
Registrar to observe the act of donations which the defendants are
receiving from the devotees in the nature of cash, gold, valuables etc.
3 Deputy Registrar is directed to supervise and control the
donations which are coming on eve of Ram Navami on 25/03/2018.
4 The cash amounts which are collected in the collection box
and gifts received be calculated in terms of money and same be
deposited with the accounts of City Civil Court.
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5 The cash amounts be invested in the Nationalized Bank in
fixed deposit scheme till further orders.
6 The defendant Nos.1 to 18 are directed not to allow the
devotees to assemble in the Rameshwar Temple in large numbers more
than 10.
7 The defendant Nos.1 to 18 shall make arrangement to send
10 devotees at a time in the Rameshwar Temple and allow others to
wait in the premises where the Pandal is installed.
8 The functions like Bhajan, Kirtan be arranged in the Pandal
and not in the Rameshwar Temple.
9 For performing Pooja on the eve of Ram Navami in the
Rameshwar Temple, alongwith the defendant Nos.1 to 18, only 10
devotees are allowed to remain present.
10 The plaintiff and the defendants shall take action/steps in
view of notice or safety of the Rameshwar Temple with the permission
of the Court.
11 Parties are at liberty to initiate legal proceedings for
proper order.
12 The defendant Nos.1 to 18 or their representative shall
submit their undertaking to the effect that if any mishaps happened,
they will be responsible.
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13 The defendants Nos.1 to 18 shall inform to the concerned
public authorities about ongoing festival.
14 The plaintiffs and the defendants shall install board
regarding structural condition of Rameshwar Temple at conspicuous
place, in the light of notice dt. 03/07/2008 issued by Mumbai
Municipal Corporation.
15 Parties to act upon copy of this order authenticated by
Sheristedar of this Court.
Dictated and declared in open Court.
( A.I. PERAMPALLI )
Judge,
Dt.: 23/03/2018. City Civil Court, Gr. Mumbai
Dictated on :23/03/2018.
Transcribed on :23/03/2018.
Signed on :23/03/2018.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 23/03/2018.
TIME:05.00 p.m. (Santosh B. Sawant)
(H.G. Stenographer)
Name of the Judge(with Court Room
No.)
Shri. A.I. Perampalli, Judge, C.R.No.13.
Date of pronouncement of
Judgment /Order
23/03/2018.
Judgment/Order signed by P.O. on 23/03/2018.
Judgment/Order uploaded on 23/03/2018.
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