SECOND APPEAL NO. 148 OF 2016

Civil suit for declaration and injunction regarding rights to perform pooja and collect offerings/income at Goddess Shree Rupa Bhavani temple, a public trust.

The original plaintiffs (Patanges) sought declaration of their right to take half share in the income of the deity and to perform pooja every alternate week for 11.5 months and during Navratra Utsav, and permanent injunction restraining defendants from interfering.

Dispute arose when the Masares obstructed the Patanges and Pawars from taking income and performing pooja during Navratra Mahostav in 1988, and the Masares claimed exclusive right as sole trustee to perform pooja and collect offerings during that period.

Trial court passed decree; on appeal, the Principal District Judge, Solapur, allowed the appeal, set aside the trial court decree, and decreed the suit in favor of the plaintiffs. Earlier, a compromise decree was passed in RCS No. 1660 of 1933, and the temple was registered as a public trust in 1953. The Masares had obtained an interim injunction from the Joint Charity Commissioner under Section 41-E of the Bombay Public Trust Act.

Whether the first appellate court was justified in decreeing the suit in favor of the plaintiffs regarding rights to perform pooja and collect income during regular periods and Navratra Utsav. Whether the Masares had exclusive right as sole trustee to perform pooja and collect offerings during Navratra Mahotsav under the Bombay Public Trust Act and the registration order dated 15th February 1953.

It was the case of the Patanges that in view of the said compromise decree, no right in respect of receiving the income of the said Goddess Shree Rupa Bhavani by the Masares in the said R.C.S.No.1660 of 1933 was established or decreed nor it was claimed by the Masares in that suit. Masares described himself as a sole trustee of the said trust and mentioned the mode of succession to Trusteeship and Managership wherein it was pointed out that the male member in the family of the Masares was to act as Vahiwatdar and if there were more than one male member, they were to make the selection of the members succeeding to the post of Trusteeship and Managership. It was further mentioned in the application that during the Navratra Mahotsav every year, the Masare had got the right of Pooja as Vahiwatdar and sole trustee and further right of collecting all the offerings before the deity during the said Navratra Mahotsav.

The original plaintiffs filed a suit in the trial court. The trial court passed a decree. The first appellate court allowed the plaintiffs' appeal, set aside the trial court decree, and decreed the suit in favor of the plaintiffs. The appellants (defendant nos. 2A to 2C) filed this second appeal under Section 100 of the Code of Civil Procedure, 1908. Earlier, the Masares had filed applications under Sections 41-E and 41-A of the Bombay Public Trust Act seeking injunction and directions, and obtained an ad-interim injunction.

• Code of Civil Procedure, 1908: Section 100
• Bombay Public Trust Act, 1950 (now Maharashtra Public Trust Act, 1950): Section 18, Section 41-E, Section 41-A