PIRTHI NATH AND ORS. vs TULA RAM
$~ 107(SB), 109(SB) & 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:-22nd March, 2024
+ FAO 36/2021, CM APPLs. 2914/2021, 10442/2021, 10444/2021, 20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021, 25884/2021, 25885/2021, 26495/2021, 29121/2021, 38063/2021, 38289/2021, 39643/2021, 43944-46/2021, 3172/2022, 3455/2022, 5641/2022, 5642/2022, 5803/2022, 5865/2022, 7745/2022, 13472/2022, 16153/2022, 17039/2022, 18207/2022, 18247/2022, 18248/2022, 21768/2022, 21801/2022, 21802/2022, 21803/2022, 22125/2022, 23093/2022, 29624/2022, 32296/2022, 34552/2022, 34553/2022, 39754-55/2022, 40548/2022, 43723/2022, 53179/2022, 876/2023, 14509/2023, 15812/2023, 15813/2023 13658/2023, 22230/2023, 25196/2023, 27387/2023, 28558/2023, 28559/2023, 29981/2023, 31169/2023, 40347-49/2023, 52644/2023, 61839/2023, 63979/2023
NEETA BHARDWAJ & ORS. ….. Appellants
Through:
versus
KAMLESH SHARMA ….. Respondent
Through:
+ RFA 412/2021 & CM APPL. 18023/2024
+ CS(OS) 57/2021
Appearances:
Mr. Arun Birbal & Mr. Sanjay Singh, Advocates for DDA. (M: 9810029802)
Mr. R. K. Bhardwaj & Dheeraj Bhardwaj, Advs.
Mr. Neeraj Bhardwaj & Mr. Rahul Bhardwaj, Advs. (M- 9350271061)
Mr. Lokesh Bhardwaj, Advocate.(M- 9971576388)
Mr. Akarshan Bhardwaj, Advocate.
Ms. Samapika Biswal, Ms. Nidhisha Garg and Mr. Aman Kumar Yadav, Advocates (M: 9406951592).
Mr Anuj Chaturvedi & Mrs Shreya Manjari Advs. (M: 9431643312).
Mr. Kush Bhardwaj, Adv. (M:9891074686)
Mr. Luv Bhardwaj, Adv. (M: 9990693140)
Mr. Kamlesh Kumar Mishra, Ms. Tripti Juyal & Mr. Deepak Raj, Advs. for Street Vendors (M: 9582388509)
Ms. Sumita Hazarika, Adv.
Mr. Mahant Surinder Nath, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. This hearing has been done through hybrid mode.
2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.
RFA-412/2021 & CM APPL. 18023/2024
3. The present first appeal i.e.,RFA-412/2021 has been filed challenging the order dated 30th July, 2018 passed by the Ld. Civil Judge, South-East, Saket District Courts, New Delhi (hereinafter, Trial Court) in Civil Suit No.51666/2016 titled Rakesh Bharadwaj & Anr. v. Surinder Nath @ Surinder Kumar. By the impugned order, the suit for declaration and injunction filed by the Appellants-Plaintiffs (hereinafter, Plaintiffs) has been dismissed by the Trial Court. The reliefs sought in the plaint includes a declaration to the effect that the Respondent-Defendant (hereinafter, Defendant) is not the Mahant of the Kalkaji Mandir, and that he has no right, title, interest, claim or share to perform the Pooja Sewa or Archana or to collect Tehbazaari.
4. Ld. Counsel for the Appellant, in RFA-412/2021, submits that he has resolved the disputes with the Respondent and does not wish to press the appeal. RFA-412/2021 is, accordingly, dismissed as withdrawn. All pending applications in RFA-412/2021 is also disposed of. The next date of hearing i.e., 26th April, 2024 stands cancelled in RFA-412/2021.
FAO 36/2021
5. It is submitted by the ld. Counsels for Baridaars of the Kalkaji Mandir that in the said matter, a SLP was filed before Supreme Court arising out the order dated 22nd December, 2023. Ld. Counsel for the Baridaars has placed on record the order dated 18th March, 2024 passed by Honble Supreme Court in SLA (C) No.6344-6346/2024, the same has been extracted herein below:
1. The learned counsel for the petitioner seeks permission to implead Administrator as the party respondent in the present proceedings.
2. Permission as sought for is granted.
3. Amended Cause Title be furnished within one week from today.
4. Learned counsel for the petitioner and learned counsel for Respondent No.1, appearing on caveat, submit that several SLPs are pending in respect of the present set of disputes and one of them being SLP (C) Nos.19344-19345/2021 is also pending with regard to challenging the order dated 27-9-2021 passed by the High Court of Delhi, appointing the Administrator. They also submit that all the SLPs are inter-connected with each other.
5. Let all the SLPs be listed together before an appropriate Bench with the permission of the Honble the Chief Justice of India
6. In the meantime, notice be issued in the present SLPs, returnable on 2-4-2024. 7. Dasti service, in addition, is permitted. 8. The parties are directed to maintain status-quo till then.
6. In view of the above, the matters pertaining to Kalkaji Mandir are adjourned till the next date of hearing.
7. List on 26th April, 2024.
CS(OS) 57/2022
8. Vide order dated 1st February, 2022, this Court had directed worthy Registrar General of this Court to receive a proper report from various Courts regarding the amounts received for Kalkaji Mandir funds. The Court had directed that all the amounts lying deposited in the various proceedings concerning the Kalkaji Mandir before the District Courts shall be transferred into the Kalkaji Mandir Fund account. Further, vide order dated 25th April, 2022 it was taken into account that the deposits from one of the branches was still not received. The relevant paragraph is set out below:
35. It is also noticed that the records of CS(OS) 57/2022 (Old M. No. 54/09) titled Prithi Nath & Ors. v. Tula Ram, are not complete. Vide previous order dated 1st February, 2022, the deposits were requisitioned by this Court from Account No. CCD843 PAO VI, SBI, Tis Hazari Courts. However, Mr. R.K. Bhardwaj, ld. Counsel, submits that in this case, where the deposits have been made since 1978, the same have still not been received. The worthy Registrar General is requested to direct the concerned Court to positively give a report in this case, along with the entire record by the next date of hearing, as to the amount deposited and the amount lying in the account in respect of this suit. The Branch Manager, SBI, Tis Hazari Courts Complex, where this amount is stated to have been deposited, shall remain present in the Court on the next date of hearing.
9. Ld. Counsel for the State Bank of India appears today and submits that in the Case no. 61/1969 which was pending in the Tis Hazari District Court, the original deposit which was made was to the tune of Rs.4,64,650/- in the 1969 proceedings and the said deposits have now along with interest thereupon become Rs. 1,38,38,338/- as on 12th February, 2024.
10. Let the entire amount of the fixed deposits along with the interest accrued thereupon be transferred to the Registrar General Kalkaji Account by the State Bank of India the details of the same are given below:
Registrar General, Delhi High Court, A/c Kalkaji Mandir Fund vide A/c No.15530110155950 IFSC Code UCBA0001553] (Kalkaji Mandir Fund).
11. Let the transfer be made within a period of two weeks.
12. The State Bank of India (SBI) is discharged for the time being, however, if any further clarification is required, the manager of the said branch of SBI may be contacted directly. The discharge of SBI shall be effective after the completion of the transfer of the above-mentioned amounts into the Registrar General Kalkaji Account.
13. The chart handed over by SBIs counsel is taken on record along with the documents. Let the same be scanned into the record of CS(OS) 57/2022.
14. List on 26th April, 2024.
PRATHIBA M. SINGH
JUDGE
MARCH 22, 2024
dj/ks/bh
FAO 36/2021 & connected matters Page 2 of 2