- (1.) THIS appeal is directed against order dated 18.01.2013 passed by the learned Additional District Judge, Nagaur, whereby, the application under Order XXXIX, Rule 1 and 2 CPC filed by respondent-plaintiff has been accepted and appellants and its supporters have been restrained from obstructing the plaintiff from placing a new face ( ), crown (), chhatra () etc. on the idol of Mataji in the temple and it has been clarified that the sliver face, which is there at present can be removed by the plaintiff and it can place a new face on the idol and the old face shall remain deposited with the Trust till disposal of the suit.
(2.) THE facts in brief are that Shri Dadhimati Mataji Mandir Pranyas, Ghoth Manglod, Tehsil Jayal, District Nagaur (hereinafter referred to as 'the Trust') filed a suit for permanent injunction alongwith an application under Order XXXIX, Rule 1 and 2 CPC with the averments that the Trust was registered with the Assistant Commissioner, Devasthan Department, Jodhpur vide judgment dated 28.07.1979; Vice President Ramkunwar Rinwa has been authorized to file the suit; the idol of Shri Dadhimati Mataji installed at the Trust is Kuldevi of Dadhich Brahmans; the temple was constructed by Dadhich Brahman Samaj in the ancient times and from that time itself the temple and sewa pooja archana of the idol was performed by them; construction and repair of the temple etc. is being done by the Dadhich Samaj and the Pujaris appointed by them are performing sewa puja of the idol; earlier the management was done by Shri Dadhimati Mataji Mandir Samiti, Ghoth Manglod of the Dadhich Samaj, which was registered under the provisions of Rajasthan Societies Registration Act, 1958 on 18.04.1973 and the said Samiti was replaced by the Trust; it was claimed in the plaint that the work relating to appointment of Pujaris for sewa pooja of the idol and handing over of the idol, its gold, silver ornaments, shrangar articles and pooja articles to the Pujaris as Trust is being done by the office bearers of the trust; on 16.12.2005 the newly elected President took charge when a charge list was prepared of the goods, which were lying with the Pujaris in trust and the list was duly signed by defendant No.5 Shri Gopal Krishan; it was claimed that on night intervening 22.02.2012 and 23.02.2012 unknown people entered the temple and took away the face placed on the idol, sliver crown, sliver chhatra and gold jewelery; regarding which, report was made to the police and the same is being investigated; thereafter it was claimed that for the purpose of maintaining the shrangar etc. of the idol and respecting the religious feelings of the followers and visitors of Mataji and exercising its legal rights the Trust wanted to place a silver face on the idol, which was lying with the Trust from the time of placing the new face (which was stolen) and wanted to perform the said ceremony with the religious rites and when the same was tried by the trustees, the defendants who have formed a illegal group by taking law in their hands are illegally obstructing and not allowing them to perform the said work and are threatening them that if another silver face is placed then trustees would be killed; the cause of action for filing the suit arose when the silver face got stolen on the night intervening 22.02.2012 and 23.02.2012 and when the trustees wanted to place a new face, which is being prevented by the defendants. Ultimately, the following reliefs were claimed in the suit. .........[vernacular ommited text]........... Alongwith the suit an application under Order XXXIX, Rule 1 and 2 CPC was filed with the same averments and seeking the following relief:- .........[vernacular ommited text]...........
(3.) THE learned trial court issued notices in the suit as well as temporary injunction application on 29.02.2012 for 03.03.2012, however, on an application made by the Trust, the matter was taken up on 01.03.2012 and an ad interim order was passed restraining the defendants from placing a new face on the idol and to maintain status quo as it existed on that day. Further, Commissioner was appointed for giving report on the status of the idol.;