Shree Kaleshwari Devi Trust Thr Ramdas Shankar Vende and Ors. v. Maruti Bandu Gurav Since Dec Thr Lrs and Ors.
Case brief
What is this about?
WP 1125/2024, Bombay HC (Jadhav J.), 29-01-2024: prima facie view that reliefs for management and control of temple administered by Trust under Bombay Public Trusts Act 1950 cannot be granted in a civil suit brought by the temple priest; Trial Court order dt. 23.10.2023 allowing interrogatories on the Trust under Order XI, Rule 1 CPC expressly stayed; suit hearing suspended until writ petition finally decided; notice returnable 26.02.2024; disposal at admission stage if respondents absent despite service; stand over 26-02-2024.
What did the court decide?
Interim relief at admission stage: impugned Trial Court order dated 23.10.2023 expressly stayed; Trial Court restrained from proceeding with the Suit until the Writ Petition is finally heard and decided; notice to Respondents made returnable on 26.02.2024 (Humdast permitted); Petitioners directed to serve copies of the Petition and order with affidavit of service; Respondents may file affidavit-in-reply by the next date and are to attend personally or through Advocate, failing which (despite service) the Writ Petition to be heard and disposed of at the admission stage in their absence; stand over to 26th February, 2024.