- (1.) Heard Ms. Indira Jaising, learned senior counsel for the petitioner and Mr. Gopal Subramanium, learned senior counsel alongwith Mr. Percy Ghandy for the respondents.
(2.) It is necessary to state here that when the matter was taken up on 7.12.2017, this Court had passed the following order:- "In the course of hearing, regard being had to the facts and circumstances of the case, a suggestion was given to Mr. Gopal Subramaniam, learned senior counsel and Mr. Percy Ghandy, learned counsel appearing for the respondents to obtain instructions. Both of them, we must state, in all fairness, prayed for some time to obtain instructions. We will be failing in our duty if we do not say that they sought time to obtain instructions in deference to the Court's suggestion. We record our appreciation for taking the suggestion in extremely good spirit."
(3.) In pursuance of the aforesaid order, Mr. Gopal Subramanium, learned senior counsel has obtained instructions. He and Mr. Percy Ghandy, learned counsel, who was deliberated with the Trustees and the High Priests of the Trust, have filed a memorandum, keeping in view the suggestion given by the Court. Though the memorandum filed states certain aspects, it is necessary to reproduce only three paragraphs for the present:- "1. Without prejudice to the rights and contentions of the parties, IT IS AGREED AND DECLARED between the Petitioner and the Respondents that the Respondents will, on compassionate grounds, permit the Petitioner to attend the funeral prayers (Paidust ceremony) of her parents performed inside the Prayer Hall of the Bungli (Bungalow) of the Towers of Silence Complex (Doongerwadi) complex at Valsad. 2. IT IS AGREED AND DECLARED between the petitioner and the respondents that the petitioner will also be entitled to attend the 4-days after death ceremonies of her parents performed inside the Prayer Hall of the Bungli (Bungalow) of the Towers of Silence Complex (Doongerwadi) Complex at Valsad, viz., the Bhoi ni Kriya Ceremony, the Sarosh nu Patru Ceremony, the Uthamnu Ceremony and the Pachli Raat nu Uthamnu Ceremony. 3. IT IS AGREED AND DECLARED between the Petitioner and the Respondents that in the first instance, the Petitioner may arrange for the Priests (Mobeds) to perform the abovementioned prayers at the Towers of Silence Complex (Doongerwadi) Complex at Valsad. In the event of the Petitioner being unable to arrange for the Priests to perform the abovementioned ceremonies, the Respondent-Trust will arrange for the Priests to perform the said ceremonies. The petitioner's children may attend the funeral ceremonies of their grand-parents by sitting in the Pavilion opposite the Bungli (Bungalow) , along with members of the community, both Zoroastrian and otherwise.";