In Ongoing Property Dispute Between Siblings Rajasthan High Court Permits Temporary Public Access To Idol Of 'Shri Dwarkadhish Prabhu'

In a dispute regarding installation of the idol of “Shri Dwarkadhish Prabhu” in the Dwarkadhish Haveli in Nathdwara (“Property”), the Rajasthan High Court in an interim order has allowed temporary access to the public to pay obeisance to the deity only on the ground floor of the property where the idol has been installed.Justice Anoop Kumar Dhand in his order said:"It is made clear that any public access for the purpose of paying obeisance to the deity installed on the ground floor shall remain strictly limited to that floor alone. A copy of this interim order shall be prominently displayed at the entrance of the ground floor. This temporary allowance for public access shall neither be construed as altering the nature or character of the property into a trust property, public property, or temple, nor shall it confer any legal rights upon the public. The question of title and ownership shall remain subject to the final determination in the pending suit, and this interim arrangement shall abide by the outcome thereof". In the background of a pending civil suit regarding rights over the Dwarkadhish Haveli in Nathdwara (“Property”), the petitioners (two sisters) who claimed to be joint owners of the Property emphasized that the Property was traditionally the residence for Acharyas of the Pushtimargiya Tritiya Peeth, that allowed only the consecration of Shri Nathji within Nathdwara.However, the dispute arose when the respondent, real brother of the petitioners, allegedly attempted to consecrate the idol of Shri Dwarkadhish Prabhu in the Property without the petitioners' consent. This was opposed by the petitioners on ground of joint ownership, religious impropriety and violation of the Vallabh Sect Traditions. In this background, interim protection was sought by the petitioners against their brother's efforts to install the idol and alter the residential nature of the Property. On the contrary, the respondent submitted that the petition was misconceived and misleading, concealing crucial facts. It was argued that the idol had already been installed in the Property prior to the petition being filed wherein even the Rath Yatra festival took place this year. The respondent further argued that the petitioners had concealed a registered will and relinquishment deed wherein they are relinquished all their claims to the ancestral Property. It was submitted that the Property was a public temple of Dwarkadhish Prabhu and not a private residence. After hearing the contentions, the Court observed that, “Given that the inter-se rights between the parties qua the suit property are sub-judice before the learned trial Court, at this stage, it is deemed appropriate to direct that the usage of the suit property shall be open to both the parties i.e. petitioners as well as respondents during pendency of the trial.However, such permissive usage, by virtue of this order, shall not confer any equity or irreversible right on either-side”.It was opined that public access for paying obedience to the installed deity shall be limited to the ground floor where copy of this order shall be prominently displayed at the entrance. The petition was disposed of. Title: Suchitra Betiji & Anr. v Vagish Kumar & Anr.Click Here To Read/Download Order

In Ongoing Property Dispute Between Siblings Rajasthan High Court Permits Temporary Public Access To Idol Of 'Shri Dwarkadhish Prabhu'

Nupur Agrawal

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