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| Controversy over Installation of Mahant of Rupee wala Mandir | | HC restrains respondents from alienate the property of the Akhaara | |
JAMMU, JUNE 09
-In an appeal filed against the order of Court below, Justice YP Nargotra of Jammu & Kashmir High Court Jammu wing after hearing Sr. Adv UK Jalali with Advocate SD Sharma for the Shri Panch Dashnami Akhaara and Advocate LK Sharma with Advocate Vishal appearing for the respondents called the record of the Court below and ordered that in the meanwhile, the respondents Ashok Gupta shall not in any manner encumber or alienate the property of Shri Paanc Dasnaam Zoonaa Akhaara, Shivalaya Mandir Panchbakhtra Road Jammu (rupee wala Mandir) and discharged the caveat which was filed by the respondents.
Earlier, the Court below after hearing Advocate VR Wazir appearing for the petitioners (plaintiffs) and Advocate LK Sharma appearing for the respondents (Defendants) observed that petitioners do not have a prima-facie case for going for trial of the case with the contention that Mahant Shri Prem Giri was coroneted and installed as Mahant of the Mandir on April 14, 2007 as successor of late Mahant Shri Parsuram Giri, on the other hand there is strong reason to believe that the petitioners on this score have not approached the Court with clean hands and have gone to the extent of manipulating the documents to show that the petitioner No 1 Akharra in assistance of petitioner no 2 Saadhoo Dharam Surakh Shini Samittee had coroneted and installed Shri Prem Giri as Mahant of the temple in place of Late Shri Parsuram Giri. On the other hand Advocate LK Sharma appearing for the respondents stated that devotees and Sanyasis in accordance with age-old tradition had appointed Shri Prabodh Anand Berragi a chela of late Shri Parsu Ram Giri as a Mahant of the Mandir on April 14, 2007 is supported with well drawn "Panchnama" passed on the same day, which besides being signed by Parbodh Anand Beraagi and number of others also records presence of a District & Sessions Judge Mr. Shakti Kumar Gupta. The Panchanama gives detailed account of the ceremonies performed and procedure adopted while appointing Mahant of the Mandir.
Court below while restraining petitioners from interference in the management of the Mandir further observed that the Court must issue mandate of law so that performance of religious functions in and management of the Mandir are not adversely affected and there is no untoward incident, resulting into law and order problem. With these observations Court dismissed the application filed by the petitioners for grant of temporary injunctions and restrained the petitioners from interfering directly or indirectly in the management of the Shivaalay Mandir Panjbakhtar Jammu.
Aggrieve by the order of Court below Shri Paanch Dasanami filed an appeal against the said order and Justice YP Nargotra after hearing both the sides restrained Mr. Ashok Gupta respondent from any alienate the property of the Akhaara
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