S.M.S v. Kaupindharee
Case brief
What is this about?
In a second appeal regarding dispute between Kaupindhari and Balkaldhari sects of Mahima Dharma, the High Court dismissed the appeal, holding that plaintiffs have right of entry for worship and confirming the injunction restraining defendants from fixing a gate.
What did the court decide?
Dismissed the appeal; no order as to costs.
What the court decided
HIGH COURT OF ORISSA: CUTTACK
S.A.No.127 of 1987
From the judgment and decree dated 10.2.1987 and 24.2.1987 respectively passed by Mr.S.S.Mishra, learned Subordinate Judge, Dhenkanal in T.A.No.10 of 1981/4 of 1985 confirming the judgment and decree dated 30.4.1981 and 13.5.1981 passed by the learned Munsif, Dhenkanal in T.S.No.12 of 1977.
Satya Mahima Samaj and others …. Appellants
Versus
Kaupindhari Mahima Samaj and others .…. Respondents
For Appellants -- Mr.D.P.Mohanty Advocate For Respondents -- Mr.S.P.Das, Mr.P.K.Singh, Mr.P.P.Pandit, Advocates
J U D G M E N T
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH Date of Hearing :06.04.2018 & Date of Judgment:20.4.2018
Issues for consideration
2 issues framed by the court
Whether the Civil Court ought to have exercised power to grant injunction as provided under S. 38 of the Specific Relief Act on the facts and circumstances of the case?
If defendants fix an iron gate and lock at the main entrance of the third bedha, will it cause immense difficulty for plaintiffs to ingress and egress for sebapuja and nitikranti?
Parties & counsel
- appellant
Satya Mahima Samaj and others
- respondent
Kaupindhari Mahima Samaj and others
Coram
A.K. Rath
Case details
As recorded by the court registry
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