Delhi District Court
Harish Chander & Ors. vs . Lakshmi Narain Satsang on 2 December, 2014
Harish Chander & Ors. Vs. Lakshmi Narain Satsang
MCA No.01/14
1
IN THE COURT OF SH. MANISH KHURANA: JSCCCUMASCJCUM
GUDN. JUDGE: ROHINI COURTS: DELHI
MCA No. 01/14
1. Sh. Harish Chander
S/o Sh. Babu Ram
R/o No.22/C131, C Block
Kaushal Puri, Lal Bagh,
Azadpur, Delhi.
2. Sh. Jai Prakash
S/o Sh. Vishwanath
R/o N9/B36, Lal Bagh,
Azadpur, Delhi.
3. Sh. Raj Kumar
S/o Sh. Sripal
R/o D266, MCD Colony,
Azadpur, Delhi.
4. Sh. Deepak
S/o Sh. Lal Chand
R/o 5, Nehru Marg,
Kewal Park,
Azadpur, Delhi.
5. Sh. Anirudh Singh
S/o Late Babu Singh
R/o N25/A43, Lal Bagh,
Azadpur, Delhi.
..............Appellants
Harish Chander & Ors. Vs. Lakshmi Narain Satsang
MCA No.01/14
2
Versus
Shri Lakshmi Narain Satsagn (Regd.)
Lal Bagh, Azadpur, Delhi.
Through its Secretary
Sh. Rakesh Sarin
r/o B1/136, Ashok Vihar,
PhaseII, Delhi.
..............Respondent
DATE OF INSTITUTION: 07.06.2014
DATE OF DECISION: 02.12.2014
JUDGMENT
1. Arguments on the appeal against the impugned order dated 17.05.2014 have been heard. Vide aforesaid order ld. trial court disposed of the application u/o 39 rule 1 and 2 CPC filed on behalf of the plaintiff and the defendants were restrained from carrying out demonstration, dharana etc. and from raising temporary slogans against the plaintiff society without due process of law till the pendency of the case. The defendants were also restrained from obstructing the management of the plaintiff society in its functioning and in carrying out the religious activities. However, Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 3 ld. trial court clarified that no blanket injunction order is being passed and, therefore, the defendants may carry out dharana or demonstration as per law but not within 100 meters of the suit premises. Ld. trial court further clarified that the defendants may peaceful and with due process of law enter the suit premises for the purpose of worship.
2. Brief facts necessary for the disposal of the present appeal are that the plaintiff/respondent society is registered under societies registration Act 1860 in the name of Sh. Lakshmi Narain Satsang (regd.) and since the year 1956 the activities of the society is being controlled by management committee at its own campus of about 1187 sq. yards at Lal Bagh Azad Pur Delhi33 and it is alleged that defendant no.1 to 6 are neither the members nor office bearers of the respondent/plaintiff society. It is also alleged that the defendants/appellants have been creating Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 4 nuisance, hindrance and obstruction in performing religious activities by the society and they are also obstructing ingress and egress of the members of the society. It is also alleged that on 08.10.2010, 09.10.2010 and on 10.10.2010 defendants/appellants along with 150 people held demonstration and raised slogans against the Thakur ji Maharaj in front of the campus/mandir of the plaintiff society, however, with the intervention of local police the situation was controlled. It is alleged that defendants/appellants have threatened that they would hold demonstration, dharana, gherao etc. and they also threatened to publish defamatory and scandalous material against the society and that the defendants/appellants are trying to conduct Tantrik Hawan in the campus of the society which would affect the peace and harmony amongst the members of the society. In these circumstances, the present suit was filed. The plaintiff/respondent has also annexed the Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 5 copy of rules and regulations of plaintiff society, memorandum of association and the police complaints along with plaint.
3. The defendants/appellants filed the WS before Ld. Trial Court and it is alleged that the present suit is the counterblast of the suit for permanent injunction filed by Sh. Tribhuvan Dutt against the society. It is also alleged that all the persons of the locality used to visit the campus of Lakshmit Narain Satsang i.e. the respondent/plaintiff society and it is also alleged that managing committee of the Lakshmi Narain Satsang became greedy as campus of the society is situated in an industrial area. It is also alleged that the Secretary along with some other members of the society tried to commercialise the building of the respondent/plaintiff society by opening public convent school and also by giving different shops on rent. It is alleged that show cause notice was issued by DDA to respondent/plaintiff society regarding Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 6 unauthorised construction of the school in the premises for want of sanctioned building plan.
4. Vide interim application u/o 39 rule 1 and 2 CPC, the plaintiff/respondent society prayed that the defendants/appellants may be restrained from holding protest, dharana, demonstration etc. within 500 meters radius around the campus of the society. It is also prayed that the defendants/appellants may also be restrained from obstructing ingress and egress of the members of the plaintiff society in the campus of the society and from causing obstruction in performance of religious activities in the society. It is also prayed that the defendants or any other nonmembers may be restrained from entering campus of plaintiff society or from doing 'Tantrik Hawan' during the pendency of the present suit.
5. Ld. trial court disposed of the said application and it is observed by ld. trial court that the defendants have raised the issue Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 7 of unauthorised construction and non approval of sanction plan, however, these are not issues of consideration before this court. It is further observed that present suit for permanent injunction simplicitor has been filed merely for the alleged obstruction being caused by the defendants in carrying out religious activities and the defendants have categorically admitted that they are neither the members or nor office bearers of the plaintiff society. Ld. trial court disposed of the interim application filed on behalf of the plaintiff society and the defendants were restrained from carrying out any dharana, demonstration etc. against the plaintiff society without due process of law till the pendency of the present suit and they were also restrained from obstructing the management of the plaintiff society and its members from carrying out religious activities in the campus of the society. Ld. trial court also gave leverage to the defendants/appellants to carry out dharana, demonstration as per Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 8 law but not within 100 meters of the campus of the plaintiff/respondent society and the defendants/appellants were also allowed to enter the suit premises for the purpose of worship but peacefully and with due process of law.
6. Ld. counsel for the appellants has argued that the impugned order passed by ld. trial court may be set aside because ld. trial court has erred while passing the said order and the facts of the case were not appreciated. Ld. counsel argued that the appellants never obstructed management of the respondent/plaintiff society in carrying out any of the religious activities, however, the respondent/plaintiff society has been obstructing the defendants to perform Pooja in Kali Mandir situated in campus of the respondent/plaintiff society. Ld. counsel argued that respondent/plaintiff society may be restrained from obstructing the appellants from doing worship in the campus of the Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 9 respondent/plaintiff society. It is also alleged that the campus/mandir of the respondent/plaintiff society is meant for all the persons of locality and the respondent/plaintiff society cannot obstruct the appellants from doing worship therein. It is further argued that defendants are not doing any kind of dharana, demonstration or gherao as alleged by the respondent/plaintiff society.
7. On the other hand, ld. counsel for the respondent/plaintiff society submitted that ld. trial court has rightly restrained the defendants/appellants from doing illegal activities and the relief as sought by the appellants in the present appeal cannot be granted as they are the defendants before the ld. trial court and they are the only defending the present suit.
8. I have heard ld. counsel for both the parties and also perused the record of case file.
Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 10
9. In this case, respondent/plaintiff society has filed the suit before ld. trial court alleging that defendants/appellants are creating nuisance in the holy campus of the respondent/plaintiff society by doing demonstration, dharana, gherao etc and they are also obstructing the management of society in performance of religious activities. In the WS filed before trial court, appellants have not alleged that they are the members or office bearers of the respondent/plaintiff society. The appellants have raised the issue that the respondent/plaintiff society is engaged in commercialising the campus of the respondent/plaintiff and an unauthorised construction is stated to have been raised without approval of sanctioned building plan. Ld. trial court has rightly observed that in the present suit filed by the plaintiff for permanent injunction simplicitor the abovesaid issues raised by the defendants are not into consideration. In the present appeal, ld. counsel for the Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 11 appellants has argued that respondent/plaintiff society and its members be restrained from obstructing the entry of defendant in the campus of the society and from obstructing the appellants from performing hawan etc. So far as the aforesaid contention raised by ld. counsel for the appellants is concerned, it is pertinent to mention that the appellants being the defendants before trial court are not entitled to seek relief on the basis of their alleged cause of action and the appellants are only required to defend the suit filed by the respondent/plaintiff society. If the appellants wish to claim any right, they can file a separate suit alleging their cause of action.
10. Ld. trial court has observed that performing religious activities are the rights of the respondent/plaintiff society and its members and that right cannot be allowed to be taken away by the acts of defendants and the defendants were restrained from carrying out demonstration, dharana, gherao etc. against the Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 12 respondent/plaintiff society without due process of law till the pendency of the present suit. However, the defendants/appellants were also allowed to carry out the dharana and demonstration as per law but not within 100 meters of the suit premises and I do not find any illegality or impropriety in passing the abovesaid directions because the aforesaid order/direction has been passed only to prevent the breach of peace. Ld. trial court has rightly restrained the defendants/appellants from obstructing in carrying out religious activities by the management of respondent/plaintiff society because it is the right of every person to propagate and profess his religion. It is pertinent to mention that defendants were also allowed by ld. trial court to enter the suit premises with due process of law for the purpose of worship. Ld. trial court has rightly passed the impugned order dated 17.05.2014 keeping in mind the respective rights of both the parties to the present suit.
Harish Chander & Ors. Vs. Lakshmi Narain Satsang MCA No.01/14 13
11. Therefore, I am of the considered opinion that there is no illegality or infirmity in the order dated 17.05.2014 passed by Ld. Civil Judge, North, Rohini Courts, Delhi. Hence, the order dated 17.05.2014 passed by Ld. Civil Judge is hereby upheld and consequently the appeal filed by the appellants is hereby dismissed. No orders as to costs.
12. A copy of this order be sent to ld. trial court for information and appeal file be consigned to record room.
(Manish Khurana) JSCCcumASCJcumGudn. Judge North, Rohini Courts, Delhi 02.12.2014