Amit Kumar & Anr vs Dharam Prakash & Ors
2015 Latest Caselaw 8110 Del

$~18
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2911/2015 & IA No.20126/2015
       AMIT KUMAR & ANR                         ..... Plaintiffs
                     Through : Ms. Radhika Chandershekhar, Adv.

                        versus

       DHARAM PRAKASH & ORS                     ..... Defendants
                    Through : Mr. Hitesh Kumar, Advocate
                    for 4, 5, 7 and 11.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 28.10.2015

1. The present suit for permanent injunction has been instituted by

the plaintiffs against eleven defendants praying inter alia that they be

restrained from interfering in peacefully holding/staging Ram Lila at

the subject land situated in village Chattarpur, Delhi.

2. Vide ex parte ad interim order dated 23.9.2015, the defendants

were restrained from interfering in holding/staging of Ram Lila and the

Dassehra festival on the subject land.

3. Learned counsel enters appearance for the defendants No.4, 5, 7

and 11 and states that the plaintiffs have instituted the present suit

against five dead persons, namely, defendants No.3, 6, 8, 9 & 10. He

further states that the suit was instituted by the plaintiffs for the

limited relief of permanent injunction for restraining the defendants

from obstructing them from peacefully staging Ram Lila and holding

the Dasshera festival at the subject land and now that the Dassehra

festival is over, nothing further survives for adjudication.

4. Counsel for the plaintiffs confirms the fact that compliances of

the ex parte ad interim order dated 23.9.2015 were made by the

defendants. She states that the Dassehra festival being over, her

clients do not wish to press the suit any further. However, the

plaintiffs reserve their rights to seek their legal remedies against the

defendants for holding/staging Ram Lila and Dasshera festival or other

community celebrations at the site in future, as may be available to

them in law.

5. While granting liberty to the plaintiffs, as prayed for, the present

suit is disposed of, along with the pending application. Needless to

state that if the plaintiffs institute a fresh suit/proceeding, the

defendants shall be entitled to take all the pleas that may be available

to them, both on facts and in law.

6. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 28, 2015 sk/mk