Mahender Kumar Pandey vs Gugan Chand
2022 Latest Caselaw 493 Del

                                                           Signature Not Verified
                                                           Digitally Signed
                                                           By:DEVANSHU JOSHI
                                                           Signing Date:19.02.2022
                                                           02:25:09


$~17 & 1(OS) to 7(OS)
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                Date of decision: 16th February, 2022
17
+                     RFA 413/2021
       MAHENDER KUMAR PANDEY                                       ..... Appellant
                   versus
       GUGAN CHAND                                               ..... Respondent
                   With
+                               CS (OS) 524/2021
+                               CS (OS) 528/2021
+                               CS (OS) 531/2021
+                               CS (OS) 553/2021
+                               CS (OS) 683/2021
+                               CS (OS) 547/2021
+                               CS (OS) 641/2005
+                               CS (OS) 642/2005

Appearances:-
Mr. Neeraj Bhardwaj, Advocate.
Mr. Kush Bhardwaj, Advocate. (M:9891074686)
Mr. Anuroop P.S & Mr. Gaurav Bidhuri, Advocates. (M:9582818838)
Mr. Sarvesh Bhardwaj, Advocate for Defendant. (M:9350301058)
Mr. Thakur Sumit, Advocate. (M:9968454481) in CM (M) 323/2021
Mr. Vishal Bhardwaj, Advocate. (M:9205103230)
Ms. Smita Maan, Advocate.
Mr. K.G. Chokker, Advocate.
Mr. Anunaya Mehta & Mr. Vinayak Thakur, Advocates.
Mr. Rohit Krishan Naagpal, Mr. Dipanshu Gaba, Mr. Aakarshan Bhardwaj,
Mr. B.K. Sahu, Advocates.
      CORAM:
      JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)

1. This hearing has been done by video conferencing.

2. These matters pertain to the Kalkaji Mandir, which this Court has

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:19.02.2022 02:25:09

been hearing from time to time. These are part-heard matters. CS (OS) 641/2005 & I.As. 19445/2014, 24296/2015 CS (OS) 642/2005 & I.As. 19847/2012, 16501/2014, 16502/2014, 19512/2014, 2234/2015, 24297/2015, 4478/2019, 8339/2020, 1664/2022, 2593/2022, 2594/2022

3. It is noticed that both these suits are pending before the Original Side of this Court. Vide order dated 27th September, 2021, these suits were transferred under Section 24 CPC as part of a larger list of cases which were transferred from the Civil courts and District Courts. The present two cases were inadvertently mentioned at Serial Nos.43 and 44 in the table titled 'Cases related to the baridars on the issues of rights to conduct puja sewa, puja sewa by women, and adoption' at paragraph 84 of the said order, which listed all the matters relating to Shri. Kalkaji Mandir.

4. Ms. Smita Maan, ld. counsel appearing for the parties in these matters, prays for an urgent hearing on the ground that the rights of the female Baridars to conduct the Puja Sewa requires to be decided urgently. She submits that the female heirs have been deprived of their rights to conduct the Puja Sewa for two years already.

5. Accordingly, list both these suits before the Roster Bench on the Original side, on 22nd February, 2022. RFA 413/2021 CS (OS) 524/2021 CS (OS) 528/2021 CS (OS) 531/2021 CS (OS) 553/2021 CS (OS) 683/2021

6. These suits have been transferred to this Court under Section 24 of the Civil Procedure Code, 1908, vide order dated 27th September, 2021.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:19.02.2022 02:25:09

7. Ld. Counsels for the parties submit that the present matters raise issues relating to rights of women to perform Puja Sewa or to receive their share of the Bari or in respect of adoption of children of female heirs. All counsels for the parties submit that the matters may be finally heard by this Court.

8. Ld. Counsels for the parties request for physical hearing in these matters.

9. Accordingly, list for hearing on 5th May, 2022, at 2:30 p.m, in physical Court.

PRATHIBA M. SINGH JUDGE FEBRUARY 16, 2022 Dj/aman/ms/ad