U.N.Bhardwaj vs Y.N.Bhardwaj And Ors.
2022 Latest Caselaw 765 Del

                                                            Signature Not Verified
                                                            Digitally Signed By:Devanshu
                                                            Signing Date:17.03.2022
                                                            12:15:37



$~23, 24 & 24(SB)
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                           Date of Decision: 15th March, 2022
24(SB)

+      FAO 36/2021 & CM APPLs.2914/2021, 10442/2021, 10444/2021,
       20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021,
       25884/2021, 26495/2021, 29121/2021, 25885/2021, 43944-46/2021,
       3172/2022, 3455/2022, 5641/2022, 5642/2022, 38063/2021,
       38289/2021, 39643/2021, 5803/2022, 5865/2022, 7745-46/2022
       NEETA BHARDWAJ & ORS.                                        ..... Appellants

                                  versus

       KAMLESH SHARMA                                             ..... Respondent
                   With
+     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
Appearances:-
Mr. Lokesh Bhardwaj, Advocate.
Mr. Arun Birbal, Ms. Sonia Singhani, Mr. Sanjay Singh, Mr. Siddharth
Panda & Ms. Vidhi Gupta, Advocates for DDA and SDMC (
[email protected] )with Mr. Manish Gupta, Vice Chairman, DDA
and Gyanesh Bharti, Commissioner, SDMC.
Ms. Santosh Kumar Tripathi, Standing Counsel, GNCTD with Mr. Arun
Panwar & Mr. Siddharth Krishna Dwivedi, Advocates (M-8178951106)
Ms. Samapika Biswal & Ms. Shambhavi Kala, Advocates for Ld.
Administrator (M-9818668876)
Mr. Krishan Gopal Chhokar, Advocate
Mr. R.K. Sinha, Advocate (M-7683095565)
Ms. Mini Pushkarna, Standing Counsel, DUSIB with Ms. Garima Gupta,
CEO, DUSIB, Ms. Khushboo Nahar, Ms. Latika Malhotra & Ms. Shikha
Baisoya, Advocates (M-9810674872)
Ms. Sonia Singhania & Ms. Vidhi Gupta, Advocate for DDA (M-
9810172501)


FAO 36/2021 & connected matters                                              Page 1 of 19
                                                           Signature Not Verified
                                                          Digitally Signed By:Devanshu
                                                          Signing Date:17.03.2022
                                                          12:15:37



Mr. Kush Bhardwaj, Advocate.
Mr. Nitin Jain, Mr. Vishal Chauhan, Mr. Shivya Sharma, Mr. K.P. Singh,
Mr. Harshil Gupta & Mr. Himanshu Chauhan, Advocates for Shopkeepers.
([email protected] )
Mr. R.K. Bhardwaj &Mr. Neeraj Bhardwaj, Advocate for Mr. Vipul Gaur,
Advocate (M:9312710547) [[email protected]]
Mr. Rohit Kishan Naagpal & Mr. Dipanshu Gaba, Advocates.
(M:9873730191, email:( [email protected] )
Mr. Sarvesh Bhardwaj, Advocate for Plaintiff. (M:9350301058)
Mr. Anurag Ahluwalia, CGSC.
Mr. Vishal Bhardwaj, Advocate.
Ms. Esha Pandey, DCP South-East District, Delhi.
       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. Unauthorized Occupants of Jhuggis and Dharamshalas

3. Further to the previous order dated 7th March, 2022, a meeting has been held between the officials of DDA, DUSIB, SDMC and the DCP, South East Delhi, along with their respective counsels. Further to the said meeting held on 11th March, 2022 in the office of the Vice Chairman, DDA, a report has been filed. As per the said report:

(i) There are 42 jhuggis still in occupation in the Kalkaji Mandir premises, which are occupied by 142 persons.

(ii) Insofar as Dharamshalas are concerned, there are a total of 46 occupants both inside and outside the Dharamshalas.

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4. As already elaborated upon in the previous orders, all these occupants are unauthorized occupants and are liable to be evicted from the Kalkaji Mandir premises in order for the redevelopment to take place.

5. Considering that all the occupants may not have adequate financial means, a proposal was directed to be placed on record for further directions as to the manner in which the said persons could be rehabilitated. The proposal which has been placed before the Court is as under:

(i) The jhuggis of the Kalkaji Mandir premises, as per the revenue record, are located on a private land. Therefore, strictly speaking, the people living in said jhuggis are not entitled to rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015.

(ii) That as directed in the previous order dated 7th March, 2022, since the purpose for which the land has been used is a public purpose i.e., for the deity of the Kalkaji Mandir and in the larger public interest, as an exceptional situation and under directions of the Court, certain proposals have been made set out, as below.

(a) EWS flats under the Jawaharlal Nehru National Urban Renewal Mission (hereinafter "JNNURM") scheme may be provided to the 'urban poor' on a rental basis, however, rehabilitation permanently would not be permissible under the said scheme as per the current policy of the Central Government.

(b) DDA is willing to make available EWS and LIG flats in Narela, the cost of which is between Rs.10.75 lakhs to

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12.05 lakhs for EWS category and Rs.18 lakhs to Rs.22 lakhs for LIG category.

(iii) In case none of these options are acceptable to the occupants, DUSIB may provide the occupants temporary night shelters / rain basera until they make their own alternative arrangements.

6. This Court has perused the report that has been placed on record jointly by the DDA, SDMC, DUSIB and other officials including the counsels appearing for them. Keeping in mind the contents of the report, this Court is of the opinion that at best there may be 40 families occupying the Jhuggis and Dharamshalas who may not have adequate means and who need some compassionate consideration. However, these occupants have been in occupation of these unauthorized tenaments for the last several years in a prime area in South Delhi. Thus, no exception of free accommodation can be given to them, however, in view of the fact that the Court has taken a compassionate view considering the financial standing of the occupants, it is directed as under:

(i) The ld. Administrator would meet one representative from each of the families of the current occupants as mentioned above, of Jhuggis and Dharamshalas on 19th and 21st March, 2022.

(ii) An option would be given to the said occupants to move into a tenement under the JNNURM scheme where a flat shall be allotted to them by DUSIB. The said occupants may opt for such rental accommodation upon payment of a sum of Rs.5,000/- per month as the rental amount. The options of the flats available under JNNURM shall be given by Ms. Mini

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Pushkarna, ld. counsel for DUSIB, to the ld. Administrator to enable him to interact with the occupants.

(iii) Those families who wish to purchase a flat from the DDA, subject to the satisfaction of eligibility criteria, shall be allotted either an EWS or LIG flat, upon them exercising the option. The said flat shall be allotted by the DDA to the party opting for the same, as may be confirmed by the ld. Administrator. The said party shall then file all of the documents and deposit the consideration amount. After deposit of the consideration, the flat shall be allotted within four weeks.

(iv) For those occupants who do not wish to exercise the option of either (ii) or (iii) above, they shall remove all their belongings by Wednesday, i.e., 23rd March, 2022. On 24th and 25th March, 2022, all the occupants of Jhuggis and Dharamshalas in the premises of the Kalkaji Mandir shall be evicted.

(v) The DCP, South-East District, Delhi and the SHO, Kalkaji shall provide the necessary force for eviction of the occupants of the Jhuggis and Dharamshalas and any other unauthorized occupants, vendors etc., in the Kalkaji Mandir premises. The same shall be supervised by the ld. Administrator and his team. The officials of DUSIB, DDA and the SDMC shall remain present during the eviction so that they can give cooperation to the police as also to the ld. Administrator.

7. It is made clear that the amount of Rs.5,000/- as rent payable to DUSIB, is being fixed as an ad-hoc amount in view of the fact that the CEO, DUSIB, Ms. Garima Gupta, as also the counsel for DUSIB have informed

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the Court that the rent for JNNURM flats has not been fixed yet. On a query from the Court, they inform the Court that the rental amounts have not been fixed inasmuch as a committee is to be constituted for fixing the rental amount depending on the area and the same has not been done. They have also stated that approximately 52,000 flats which are available under the JNNURM scheme have not yet been allotted due to the delay in execution of the agreement between the Central Government and the State Government, with respect to such flats.

8. In so far as the larger issue of non-allotment of JNNURM flats to eligible persons is concerned, this Court is of the opinion that such a large number of flats ought not to be kept vacant and ought to be utilized for the purpose of economically weaker sections of society/'urban poor' for whom these flats are made. Mr. Anurag Ahluwalia, ld. Standing Counsel for the Central Government, has also been present in the proceedings today and he submits that he would bring this fact to the notice of the Secretary, Ministry of Housing and Urban Affairs, Government of India. In addition, this order would also be communicated to the Chief Secretary, GNCTD, through Mr. Gautam Narayan, ld. ASC for GNCTD, for necessary information and action.

9. The Secretary, Ministry of Housing and Urban Affairs, Government of India, along with Chief Secretary, GNCTD shall file a joint status report in respect of implementation of the JNNURM scheme in Delhi within four weeks, so that the same can be considered by the Court and the matter in respect of implementation of the scheme can be placed before the appropriate bench, if the need arises. It is expected that the governmental

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authorities would take expedited action in this regard so that these flats are not kept vacant.

10. In this view of the matter, it is also directed that, an undertaking would be taken by the ld. Administrator that the persons who are opting to take the flats on rent under JNNURM would abide by the terms and conditions which are ultimately finalized by the relevant authorities.

11. At this stage, Mr. Vikas Singh, ld. Senior Counsel, appearing on behalf of certain pujaris stated to be occupying the Dharamshalas, seeks to submit that the pujaris have a vested right to reside in the Mandir premises. This fact is disputed by all the counsels who is appearing for the parties.

12. At this stage, this Court is not adjudicating this issue. Notably, pujaris at best are persons who are serving the deities at the Kalkaji Mandir. All the pujaris who have made the premises as a permanent residence have done so at their own risk. The pujaris, at this stage, in any case, cannot claim a vested right in the premises to continue to live in the Dharamshalas which are in a dilapidated condition and block the redevelopment. Thus, insofar as the rights of pujaris to reside in the Kalkaji Mandir premises is concerned, it is made clear that this Court would be hearing the ld. Counsels in this regard and passing appropriate orders at a later stage. However, at this stage, in order to ensure that the comprehensive redevelopment of the Kalkaji Mandir premises takes place, the pujaris have the same option which is given to the other occupants of the Dharamshalas and the Jhuggis. If they do not wish to exercise the said options, they shall, however, vacate the premises and move to any premises of their own choice, subject to any further orders that may be passed by this Court in respect of their rights of residence in the Kalkaji Mandir premises, once the redevelopment is completed on such terms as this

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Court may fix. To this end, in case, any of the occupants of the Dharamshalas claim to be pujaris, they shall appear before the ld. Administrator on 21st March, 2022, and the said names shall be identified and placed before the Court by the ld. Administrator.

13. Thus, at this stage, this Court is of the clear opinion that the pujaris cannot continue to reside in the Kalkaji Mandir premises. Considering the overall requirement for redevelopment of the Kalkaji Mandir premises, the pujaris are directed to vacate the premises in their occupation by 23rd March, 2022. As directed above, on 24th and 25th March, 2022, the process for eviction of the pujaris and Dharamshala occupants shall take place along with the eviction of jhuggi dwellers. However, it is made clear that the pujaris, are free to avail of options as set out hereinabove, in order to move themselves and their families in a safe and secure manner along with their belongings. Additionally, if the pujaris, give an undertaking to vacate the premises to the ld. Administrator, he may consider the same and extend the time for eviction for not more than two additional weeks. The undertakings in such case shall be furnished to the ld. Administrator by 22nd March 2022.

14. Copy of the report filed by DDA/DUSIB, considered today by the Court be supplied by Ms. Pushkarna or Mr. Birbal to the Ld. Administrator.

Creation of temporary shops and kiosks for all shopkeepers who have vacated shops in the Kalkaji Mandir premises.

15. Insofar as the creation of temporary shops and kiosks for catering to the devotees in the Kalkaji Mandir premises is concerned, Mr. Birbal, ld. Counsel appearing for DDA and SDMC, submits that this ought not to be

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permitted as the Master Plan for Delhi 2021 shows the Kalkaji Mandir area as green area.

16. This stand of the DDA is at variance with the stand recorded previously in the ld. Administrator's Report No.3 dated 13th January, 2022, as also in the order dated 14th January, 2022, where the DDA had already given its 'No Objection' for the redevelopment of the Kalkaji Mandir and the creation of the temporary shops and kiosks in the Kalkaji Mandir premises. The relevant extract of the said order is as under:

"10. The DDA has already informed the ld. Administrator during the interactions which were held, that it has no objection to the redevelopment of the Kalkaji Mandir, and the creation of the temporary shops and kiosks in the Mandir premises. The same is recorded in paragraph 26(i) of the Administrator's report. Let a communication to this effect be issued by the DDA to the ld. Administrator, within one week."

17. However, in the meeting report which has been filed recently, the stand of the DDA is that as per the Master Plan for Delhi, 2021, the entire area of Kalkaji Mandir is shown as a green area.

18. It is noticed that the Kalkaji Mandir premises has always had shops and kiosks which were attending to the devotees in the Mandir area. Further, there was also a large parking space on the DDA land, which was being utilized for parking of vehicles of the devotees. It is evident from the Local Commissioner's report dated 1st and 28th August, 2021, Receiver's report received on 15th March, 2021 as also the Reports of the ld. Administrator, that the said area is not a green area and the same has been used only for the purpose of parking in the Kalkaji Mandir, for a number of years. Thus, at this stage, considering the nature of issues before this Court, and in the overall interest of the proposed redevelopment of the Kalkaji Mandir, the

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Architect is permitted to put up the temporary shops and kiosks in the Mandir premises for a temporary period of one year, until the main redevelopment of the Mandir commences, in order to avoid the haphazard crowding of vendors and hawkers in the area. The same can be converted into a green area immediately upon the redevelopment of the Mandir taking place, and upon the shopkeepers being made to move to the respective shops allocated to them in the finalized premises post the redevelopment. The said land can be converted to a green area then and landscaped as part of the larger scheme of development.

19. Ld. Administrator has identified a total of 104 shopkeepers who are entitled for being licensed temporary shops and kiosks. On the basis of the cost estimate given by the Architect, for each of the temporary shops and kiosks, a sum of Rs.30,000/- and Rs.20,000/- is fixed as one time cost for erection of the same. The shopkeepers, who are stated to be 104 in number, are permitted to express their choice as to the temporary shop or kiosk to the ld. Administrator and deposit the money in respect thereof, in the account in the name of "Registrar General, Delhi High Court, A/c Kalkaji Mandir Fund" vide A/c No.15530110155950 [IFSC Code UCBA0001553]" (hereinafter, "Kalkaji Mandir Fund"). Upon the said deposit being made, the shopkeepers would be entitled to allotment of the temporary shops and kiosks in the Mandir premises, on a licence basis purely temporarily, without any rights.

20. On the next date, the Architect is requested to appear before this Court and give a timeline for the commencement of the erection of temporary shops and kiosks. Thereafter, this Court would also consider

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release of some amounts to the Architect to enable him to commence the erection of the temporary shops and kiosks.

21. In respect of the shopkeepers who are willing to deposit the cost of construction, but have not deposited the sum of Rs.2 lakhs in terms of the previous order dated 1st February, 2022, of this Court, the prayer for waiver of the said amount would be considered by this Court after deposit of the cost of construction for temporary shops or kiosks is made by the said shopkeepers, and their credentials are verified by the ld. Administrator.

22. Ld. Administrator shall place a report on record as to the following:

i) Number of shopkeepers who are being allotted the temporary shops and kiosks;

ii) The kind of articles and wares that the said shopkeepers would be permitted to sell;

iii) Any specific requirements of the shopkeepers, depending upon the kind of articles and wares that the said shopkeepers would be selling;

iv) Any further shopkeepers whose names have been added to the list of 104 shopkeepers found to be eligible, but who may not have deposited the sum of Rs.2 lakhs in terms of order dated 1st February, 2022;

v) Number of shopkeepers who have already deposited or are ready to deposit the amount of Rs.30,000/- or Rs.20,000/-.

23. List on the date already fixed i.e., on 22nd March, 2022 at 2:30 pm.

24. On the next date, all parties shall make their submissions in respect of the following:

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i) The proposed redevelopment plan for the Kalkaji Mandir premises;

ii) Monthly License fee to be paid by the identified shopkeepers in respect of the allotment of temporary shops and kiosks;

iii) Any comments with respect to the manner in which the redevelopment ought to be undertaken, including the contribution of funds for the purpose of redevelopment.

25. It is also noted that in terms of the previous order dated 14th January, 2022, the Chief Manager, UCO Bank has placed a report stating that, as on 15th March, 2022, the total amount which has been received in the Kalkaji Mandir Fund from the various Trial Courts before which suits were pending, is Rs.6,96,69,511/-. The amount which is yet to be received is to the tune of Rs.98,81,666/-. Further details of the said amounts which have been received are contained in the said report, which is taken on record.

26. Let the same be scanned and tagged in the order sheet folder of the Court, so that the same is available for ready reference by the Court, in future. The amounts so received shall be retained in the interest bearing Kalkaji Mandir Fund by the UCO Bank.

CS(OS) 641/2005

CS(OS) 642/2005

I.A. 4478/2019 &I.A. 8339/2020

27. These are two applications seeking directions, filed by Defendant Nos. 14, 15 and 16. Defendant No.14-Smt. Usha Kiran is the daughter of

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Late Sh. Prayag Dutt, who is in turn, the son of Pandit Shri Krishan. Defendant Nos.15- Smt. Poonam Sharma and Defendant No.16- and Smt. Ritu Sharma, are the daughters of Smt. Santosh Kaushik, who is another daughter of Late Sh. Prayag Dutt, and the granddaughter of Pandit Shri Krishan. The stand of all three female heirs herein is that they belong to the Thula Bahadur, and they are entitled to their share in their respective baris.

28. Previously, a ld. Single Judge of this Court, vide order dated 18th October, 2010, had held in respect of other female heirs belonging to the same family in this very suit, that the female heirs would be entitled to their respective shares in the Bari.

29. The operative portion of the said order reads as under:

"34. Having regard to this factual matrix, and the above findings, this Court concludes that the female heirs (i.e. daughters and widow of late R.N. Bhardwaj) are entitled to equal one seventh share each, in the proceeds in enjoyment of the Bari rights, which accrued to the other heirs. The amounts deposited in this Court shall, to the extent of their entitlement, after adjusting the amounts received under this Court's orders, be disbursed to them. All the above applications are disposed of in these terms."

30. Mr. Neeraj Bhardwaj, ld. Counsel, opposes the Applicant's prayer and submits that the rights of the female heirs are yet to be adjudicated upon as they could not be treated as coparceners. Even as per their customs and traditions, the female heirs have not been given rights in respect of their share in bari and for conducting puja sewa.

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31. Having heard Ms. Smita Maan and Mr. Neeraj Bhardwaj, ld. Counsels, this Court is of the opinion that similar orders have already been passed in these suits on 18th October, 2010, as also, on 15th February, 2019 to the following effect:

"After some hearing, learned counsel for the applicant does not press the prayer made in the application. She, however, makes a oral prayer that her share in the Sewa Puja and Theh Bazari rights be deposited by the concerned parties with the Registrar General of this Court to which counsels for the non-applicants present in Court have no objection.

The concerned parties who collect the relevant amount are directed to deposit the share of the applicant with the Registrar General of this Court within four weeks of the collection being made. Upon the said amount being deposited, the Registrar General to release the amount to the applicant. The application is disposed off in the above terms.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master."

32. In addition, in FAO 36/2021, an order was passed by this Court, on 15th September, 2021, in respect of the bari which commenced on the midnight of 16th/17th September 2021, and ended on 15th / 16th October 2021. The said order reads:

"10. Since the question of the shares of Smt. Prem Lata, Smt. Shanti Devi, Smt. Kapoori Devi as also Smt. Pushplata was not gone into by the trial court, at this stage, without further documents on record and the said parties joining the proceedings and confirming the fact that they support the case of Smt. Kamlesh Sharma, this Court cannot pass any orders in respect of their shares. However, insofar as the Plaintiff and the Defendant are concerned, since the trial court has

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held that the Plaintiff- Smt. Kamlesh Sharma is entitled to a 1/6th share of late Shri Kali Charan's share in the bari, issues have arisen for consideration of this Court in view of the forthcoming bari which commences from tomorrow i.e., the midnight of 16th/17th September 2021, and ending on 15th / 16th October 2021,

11. In view of the averments made by the parties, as also the order passed by this Court on 5th February 2021, for this specific period i.e., from 16th/17th September 2021 - 15th /16th October 2021, during which the navratras are also being celebrated at the Kalkaji Mandir, with the consent of the parties, the following directions are issued:

i. Smt. Kamlesh Sharma may appoint any male representative for conducting puja sewa, on her behalf. The remaining daughters of late Shri Kali Charan - Smt. Prem Lata, Smt. Shanti Devi, Smt. Kapoori Devi and Smt. Pushplata, or their legal heirs, as the case may be, would also be entitled to appoint their respective male representatives for conducting puja sewa on their behalf. The legal heirs of late Shri Ajay Sharma - the Defendant, shall also be entitled to conduct puja sewa;

ii. For the time being, the share of late Shri Kali Charan, shall be divided amongst the legal heirs of late Shri Ajay Sharma, Smt. Kamlesh Sharma, Smt. Pushplata and the legal heirs of Smt. Prem Lata, Smt. Shanti Devi & Smt. Kapoori Devi as 1/6th each. At this stage however, since it is not clear whether all the other daughters/their heirs except the Plaintiff and defendant are represented before this Court and as to what is their stand, the amounts collected in the Mandir shall not be distributed to all of them. iii. All the amounts collected by way of offerings, donations, etc., shall all be collected in the locker, in the pujari's room, i.e., the kuthiyar. The same shall be divided between the Plaintiff- Smt. Kamlesh Sharma and the Defendants - legal heirs of Shri Ajay Sharma,

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in the share of 1/6th each side and the remaining 4/6th share of the other four daughters i.e., Smt. Prem Lata, Smt. Shanti Devi, Smt. Kapoori Devi and Smt. Pushplata shall be deposited with the Registrar General of this court, in the presence of the Local Commissioner, Ms. Manmeet Arora;

iv. The Local Commissioner- Ms. Manmeet Arora, shall visit the Mandir for dividing the offerings amongst the parties, as held above, every Monday, during the entire period of the bari, at around 5:30 P.M. The fee of the Local Commissioner is fixed at Rs. 50,000/- per visit to the Kalkaji Mandir. The said fee shall be paid by both the Plaintiff and the Defendant shared equally.

v. Insofar as the distribution of the articles/items which are received in kind are concerned, 1/6th share each, in respect thereof, shall be distributed in the presence of the LC to the Plaintiff and the Defendant. Insofar as the remaining 4/6th share is concerned, some monetary value shall be attributed to it and the same shall be deposited with the Registrar General of this Court. vi. The disbursal of the shares and monies, as also articles/items, in favour of the Plaintiff and the Defendant, in pursuance of the present directions, would be subject to any further orders that may be passed by this Court."

33. While the legal issues which arise in the present suits are pending for consideration, there is no reason to depart from the settled precedents as per the previous orders, wherein the share of the female heirs has been directed to be deposited with the Registrar General of this Court, and thereafter, released to the Applicants.

34. Accordingly, following the rationale and reasoning as contained in the previous orders extracted above, wherein the Court had categorically held that female heirs would be entitled to the benefit of the rights in the

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offerings in the Kalkaji Mandir, at the interim stage, the following directions are issued:

i. The shares of Smt. Usha Kiran (1/7 share of 25% undivided th

share) Smt. Poonam Sharma and Smt. Neetu Sharma (1/3 rd

share of 1/7 each) shall be deposited by Defendant Nos. 7 to 11 th

before this Court.

ii. A complete account of the baris which have already transpired during the pendency of these applications shall also be given by the Defendant Nos. 7 to 11 within four weeks. iii. Deposit shall be made in respect of the current bari which has commenced yesterday i.e., 14th March, 2022 till 11th April, 2022. The amount shall be deposited, on or before 30th April, 2022, and the orders for the release of the said amounts shall be passed on the next date, along with the accounts.

OR Alternatively, the Defendant Nos. 14, 15 and 16 are permitted to nominate any male member of the family in order to conduct the puja sewa as per the customs and traditions and to collect their share of the offerings on a daily basis, as done by the other baridars. This position shall continue for all the baris during the pendency of the suit.

35. This order shall apply to all the parties in the present suit. I.A. 2594/2022 (for exemption) in CS(OS) 642/2005

36. Allowed, subject to all just exceptions. Application is disposed of.

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I.A. 2593/2022 (u/O XXII Rule 4 CPC) in CS(OS) 642/2005

37. This is an application seeking impleadment of legal heirs of Defendant Nos.8 and 10 who have expired during the pendency of the present suit.

38. There is no objection from any of the parties. The legal heirs are accordingly impleaded. Amended memo of parties is taken on record. Application is disposed of.

I.A. 1664/2022 in CS(OS) 642/2005

39. This is an application seeking clarification of the rights of the women to conduct prayer or puja sewa and seeking that the same may be decided only after evidence is concluded by the parties. There are two aspects insofar as female legal heirs are concerned, which are being repeatedly raised in these Kalkaji Mandir matters. First, in respect of receiving the share of their Baris and secondly, the rights in respect of conducting puja sewa.

40. The said two issues are legal issues which would have to be adjudicated upon based on the evidence and customs which have been practiced in the Kalkaji Mandir. It is made clear that the interim orders which are passed shall be without prejudice to the final adjudication of these issues which shall be done at the final stage after evidence is recorded.

41. It is also submitted that evidence in the matter was close to being concluded and was being recorded by a Local Commissioner earlier. The prayer is for the recording of evidence to be concluded by the same Commissioner. Insofar as the conclusion of evidence by the parties is concerned, parties may ascertain the willingness of the Local Commissioner

Signature Not Verified Digitally Signed By:Devanshu Signing Date:17.03.2022 12:15:37

in this regard and inform the Court of the same. Subject to the same, appropriate orders would be passed by this Court.

42. Accordingly, this application is disposed of in these terms.

43. List these suits being CS (OS) 641/2005 and CS (OS) 642/2005 alongwith pending applications on 20th May, 2022, at 2:30 pm.

44. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.

PRATHIBA M. SINGH JUDGE MARCH 15, 2022/dj/Rahul/ad/ms