Research › Search › Judgment

Rajasthan High Court · body

2025 DIGILAW 521 (RAJ)

Narendra Kanwar W/O Late Shri Shivprakash Singh v. Ghushmeshwar Dwadshwa Jyotirling Trust Shivalaya

2025-02-24

ASHOK KUMAR JAIN

body2025
ORDER : ASHOK KUMAR JAIN, J. 1. An application no. 1/2025 is filed for rejection of appeal by the counsel for respondent(s). Considered his submissions. 2. After considering submissions of learned counsel for appellant, a fact is apparent on record that this appeal was admitted on 03.12.2019 for consideration on merits, therefore, the grounds raised by the counsel for respondent(s) cannot be considered at this stage but the counsel for respondent(s) is at liberty to raise these grounds at the time of argument of the appeal. 3. With liberty as aforesaid, the application no. 1/2025 stands disposed of. 4. During course of argument, a fact is brought to the notice of this Court that suit filed by appellant plaintiff was dismissed under Order VII Rule 11 CPC but the impugned order dated 11.07.2019 was stayed by this Court and this stay order was made absolute till disposal of the appeal. 5. Considered application no. 2/2025 filed for early listing/permission to perform ‘Puja’ by offering ‘Jal’ to Lord ‘Shiv Linga’ (Shri Ghushmeshwar Dwadshwa Jyotirling Trust Shivalaya) situated at Shiwad, District Sawai Madhopur. 6. On 07.03.2024 this Court while considering similar prayer passed the following order: “1. Aggrieved from order dated 11.07.2019, under Order 7 Rule 11 CPC filed by defendant No.1, suit against dismissal of Civil Suit No.32/2018 by learned Additional District Judge, Sawai Madhopur, first appeal is filed under Section 96 of CPC by the appellants-plaintiffs. 2. During pendency of this appeal, the order dated 11.07.2019 was stayed on 26.07.2019 and same was made absolute on 03.12.2019, as a result of which the TI order dated 13.11.2018 in CM No. 27/2018 passed by learned Additional District Judge, Sawai Madhopur came into force whereby, a temporary injunction was issued against the respondent Nos. 1 to 3. 3. An application under Section 151 CPC is filed by the respondent-defendant No.1 for vacation of ex-parte stay order dated 26.07.2019. Further an application under Order 41 Rule 27 CPC was filed for taking some documents on record. 4. Since we are on eve of the Mahashivratri and the issue of darshan particularly Seva-Puja and offering Jal to Lord Shiva is the concern of respondents, therefore, we have taken up this issue only for interim measure on the eve of Mahashivratri. This order will not give rise to any of the right in favour of anyone. 5. 4. Since we are on eve of the Mahashivratri and the issue of darshan particularly Seva-Puja and offering Jal to Lord Shiva is the concern of respondents, therefore, we have taken up this issue only for interim measure on the eve of Mahashivratri. This order will not give rise to any of the right in favour of anyone. 5. Learned counsel for petitioner- appellant agreed that none of the family members including appellant shall enter in the sanctum sanctorum on day of Mahashivratri to offer any Puja or Jal to the Lord Shiva. 6. Having considered the submissions and also the documents, it is directed that as per practice, no one shall be permitted for offering Jal to the ‘Shiva Linga’ (Shri Ghushmeshwar Dwadshwa Jyotirling Shivalaya) situated in the sanctum sanctorum of the main temple but no one shall be denied for darshan for aforesaid Shri Ghushmeshwar Dwadshwa Jyotirling Shivalaya from the opening [main doors or window(s)] of sanctum sanctorum, on occasion of Mahashivratri 2024. The existing practice of Puja (including Jal) by designated Pujari shall continue. 7. List the matter on 24.03.2024 at 02.00 PM for final hearing.” 7. Learned counsel for respondent(s) submits that general public be allowed to offer Seva-Puja/ Jal and Panch Dravya etc. to Lord Shiva while granting entrance to sanctum sanctorum. He further submits that this is a public temple and the appellant has no right to restrain them. 8. Aforesaid contentions were vehemently opposed by learned counsel for appellant on the ground that this is a personal temple of appellant and only their family is maintaining the affairs of the temple, therefore, the respondent(s) have no right to interfere in any manner. She further submits that on 07.03.2024 an order was passed as the appellant has voluntarily offered to refrain himself from Puja on ‘Mahashivratri’ but this time restraining would cause serious prejudice to rights of appellant. 9. Having considered the submissions of learned counsel for the parties and also perusing the material placed on record, I am of the considered view that the case set up by appellant indicate that they have claimed temple in question as personal temple and also averred that affairs of the temple were managed by family of appellant. 10. 9. Having considered the submissions of learned counsel for the parties and also perusing the material placed on record, I am of the considered view that the case set up by appellant indicate that they have claimed temple in question as personal temple and also averred that affairs of the temple were managed by family of appellant. 10. This issue requires consideration as the appeal has been admitted by this Court but looking to the fact that day after tomorrow, the entire country is celebrating ‘Mahashivratri’ and in order to avoid the conflicting situation it is appropriate not to permit anyone including the appellant(s) to offer Jal/Abhishek (Puja) by entering into sanctum sanctorum. 11. In view of aforesaid, it is directed that no person (other than Pujari) shall be permitted to offer Jal and ‘Panch Dravya’ (other Puja material) etc. to Lord Shiva (Shri Ghushmeshwar Dwadshwa Jyotirling Trust Shivalaya) situated at Shiwad, District Sawai Madhopur by entering into sanctum sanctorum of main temple but no one shall be denied for ‘Darshan’ from outside of the sanctum sanctorum from the openings available for Darshan’. The existing practice of ‘Puja’ including ‘Abhishek’ , Rudra Abhishek etc shall continue to be performed by Pujaris (Priests). 12. This order is only applicable for ‘Mahashivratri’ scheduled on 26.02.2025 and it will come into end in the morning of 27.02.2025. 13. Application no. 2/2025 stands disposed of. 14. Office is directed to send a copy to the District Collector. 15. List for hearing on 07.04.2025.