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Delhi High Court - Orders

Baptist Church Trust Association And ... vs Rev. Dinesh Das on 15 December, 2022

Author: Sachin Datta

Bench: Sachin Datta

                          $~9
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS) 612/2018 and IA No.2617/2021
                                BAPTIST CHURCH TRUST ASSOCIATION AND ANR.
                                                                            ..... Plaintiffs
                                             Through: Ms. Shruti Arora and Mr. Gautam,
                                                      Advs. Along with Mr. Sumeet Nath
                                                      and Rev. Solomon David in person.
                                             versus

                                REV. DINESH DAS                                  ..... Defendant
                                              Through:            Mr. Sanjiv Bahl and Mr. Sumit
                                                                  Ahuja, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE SACHIN DATTA
                                                     ORDER

% 15.12.2022 IA No. 3707/2019 Learned counsel for the plaintiff seeks some further time to file a reply to the present application. Last opportunity is granted to the plaintiff to file its reply, latest within a period of four weeks from today. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

It is made clear that instant application shall be decided before taking up other applications for disposal.

IA No.16263/2018

1. In terms of the judgment/order dated 11.02.2020, passed by the Division Bench of this court in FAO(OS) 256/2019 and CM APPL.54679/2019, the directions contained in the order dated 05.12.2018 are to be continue till the disposal of the pending applications.

Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:17.12.2022 18:07:36

2. However, learned counsel for the defendant submits that the plaintiffs are not adhering to the directions contained in the said order dated 05.12.2018. It is alleged that nuisance is created by the plaintiffs during the period when the defendant conducts prayers from 10.00 am to 11.00 am in the morning on Sundays. It is further alleged that on all other days, apart from Sundays, the Church is not opened at all.

3. The plaintiffs are directed to ensure that no hindrance/impediment is created during the period when the defendant is conducting his prayers on Sundays from 10.00 am to 11.00 in the morning. The plaintiffs are also directed to ensure that the toilets and other common areas in the Church, are kept open and accessible for being utilised by the faith-seekers visiting the Church, during the period when the defendant is conducting his prayers.

4. It is further directed that the directions contained in para-14 (c) in the order dated 05.12.2018 shall be scrupulously complied with. It is agreed that apart from Sunday, prayers shall be conducted on every Wednesday by the defendant from 07.00 pm to 08.00 pm and prayers shall be conducted by the new Pastor appointed by the plaintiff no.2 from 08.00 pm to 09.00 pm.

5. The directions contained in para-14 (d) of the order dated 05.12.2018 shall continue to operate for the ensuing Christmas prayers.

6. List on 02.05.2023.

SACHIN DATTA, J DECEMBER 15, 2022/cl Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:17.12.2022 18:07:36