- (1.) All the three matters arise out of the same execution proceedings being No.08/2010 (11/1991), pending in the Court of District and Sessions Judge, Ajmer (hereinafter referred to as 'the Executing Court'), in respect of the decree dated 03/05/1933 (as amended on 29-01-1940) in Civil Suit No. 09/1929 passed by the Additional District Judge, Ajmer Merwara, Ajmer, and therefore, all the three matters were heard together and are being decided by this common judgment.
(2.) The Civil Misc. Appeal being No. 4379 of 2012 has been preferred by the appellant/decree holder under Order XLIII Rule 1(s) of Code of Civil Procedure, 1908 against the order dated 11/10/2012 passed by the Executing Court, whereby the application of the appellant/decree holder filed under Section 51(d) read with Order XL Rule 1 of CPC for appointment of Receiver was dismissed by the Executing Court. The Civil Writ Petitions being No.15228 of 2013 and 15275 of 2013 have been filed by the petitioners-judgment debtors under Article 227 of the Constitution of India challenging the order dated 20/07/2013 passed by the Executing Court allowing the application of the respondent No.2-decree holder filed under Order XXI Rule 32(5) of CPC, and appointing the Durgah Committee as the Receiver to implement the decree in question, and further directing the Durgah Committee to suggest the ways and means as to how the Committee would discharge the function of distribution of offerings to the different stake holders as per the terms of the decree under execution.
(3.) At the outset, it is required to be stated that the execution proceedings being No. 8/2010(11/1991) were filed by the appellant of Civil Misc. Appeal No.4379 of 2012, who is the respondent No.2 in the other two Civil Writ Petitions (who shall be referred to as 'the judgment creditor' hereinafter for the sake of convenience ), for the execution of the decree dated 03/05/1933 (29/01/1940) passed in the Civil Suit No. 9/1929. The relevant part of the said decree is reproduced, as under :- "A. The rights of the Dewan in respect of offerings made at the Dargah are hereby declared to be as follows:- (i) All offerings or presents made to the Dewan at the Dewan's Khankah or sitting place within the precincts of the Dargah are the exclusive property of the Dewan. (ii) Offerings or presents of gold or silver vessels or implements or kabarposhes for the use of the Dargah are the property of the Dargah committee as trustees for the Dargah irrespective of the payment of tawan to the Khadims and irrespective of the spot at which they are presented. (iii) Other offerings if made outside the dome of the shrine are the perquisites of the khadims with the exception that offerings of animals or such bulky articles as cannot conveniently be brought within the dome shall if made at the steps of the shrine be divided between the Dewan and the Khadims respectively in equal shares. (iv) Other offerings if made within the dome of the shrine shall be divisible between the Dewan and Dewan and Khadim respectively in equal shares irrespective of the spot at which they are deposited within the dome provided that the following class of offerings shall be the perquisites of the Khadims exclusively :- (a) "All coins not exceeding two annas in value irrespective of whether they are made of copper or any other metal" and cowries and gold or silver articles (other than coins) of a value less than 8 annas and cotton cloth inferior quality (b) All offerings made between the hours of 4 A.M. and 4 P.M. on Qul day i.e. the last day of the Urs. (v) Cash or other offerings sent by post be deemed to be offerings made at the shrine i.e. within the dome unless addressed specially to the Dargah committee, the Dewan or the Khadims for their exclusive use. (vi) In the case of the articles falling within the scope of clause (ii) the payment of tawan shall be deemed conclusive proof that an article is presented for the use of the Dargah and in cases in which no tawan is paid in respect of an article falling within the scope of clause (ii) the Dargah Committee shall be the authority to decide whether such articles is required or should be retained for the use of the Dargah. B. All the members of the Khadims communities Sayedzadas and Sheikhzadas who as per order under Order 1 Rule 8 Civil Procedure Code are represented by defdts No.1 to 20 by means of perpetual and permanent injunction are enjoined to refrain, restrain and prohibited from any interference with and obstruction to the enjoyment of plaintiffs rights as above declared.";