DHARAMGIRI MAHARAJ vs DASHRATHBHAI S. MAHADERIA and ORS.

Judgment text excerpt

Digitally signed by WP.3897.2001 C2F.doc ANANT ANANT KRISHNA KRISHNA NAIK IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAIK Date: 2025.11.07 CIVIL APPELLATE JURISDICTION 20:02:07 +0530 WRIT PETITION NO. 3897 OF 2001 Dharamgiri Maharaj Since deceased by his legal heir & representative: Jagannath Giri residing at the landing of staircase of Babulnath Temple, Babulnath Road, Mumbai- 400007. ....Petitioner Versus 1. Nitin Gordhanbhai Thakker 2. Chandrakant Manilal Bhagat 3. Hemraj Chatrabhuj Ashar 4. Chaitanya D. Mehta 5. Niranjan L. Hiranandani 6. Jitendra M. Thakker 7. Pradip R. Shroff 8. Hemang P. Thakker Being the present trustees of the Babulnath Temple Trust, Babulnath Road, Mumbai-400007. …Respondents *** Mr. Satyavan N. Vaishnav a/w. Ms. Nupur J. Mukherjee, Mr. Armaan Grewal i/b M/s. N. N. Vaishnawa & Co. for the Petitioner. Mr. Pradeep J. Thorat a/w. Ms. Aditi Naikare for the Respondents. *** CORAM : M. M. SATHAYE, J. RESERVED ON : 17th SEPTEMBER 2025 PRONOUNCED ON : 6th NOVEMBER 2025 JUDGMENT : 1. The Petitioner Dharamgiri is a legal representative of original Defendant - Baba Bramhanandji in L.E. Suit No. 256 of 1977 filed by the then trustees of Respondent- Trust Babulnath Temple Trust, Babulnath Road, akn 1/14 WP.3897.2001 C2F.doc Mumbai-400007, which is a famous Shiva temple in Mumbai. The parties are referred to in their original capacity for better understanding. Respondents are Plaintiffs. 2. The case of the Plaintiff-Trust in short is that the Defendant is an ascetic and follower of one Baba Ramgiriji. The Plaintiff-Trust had permitted late Baba Ramgiriji to use un-demarcated portion on landing of the main staircase of the Babulnath Temple. Upon death of said Baba Ramgiriji in or about 1968, the Trust had permitted the Defendant to use the said portion of the