Prachin Hanuman Mandir Trust (Regd.) (Marghat Wale) v. Vaibhav Sharma Alias Monty And ORS

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 668/2025& CM APPL. 21237-21238/2025 PRACHIN HANUMAN MANDIR TRUST (REGD.) (MARGHAT WALE) .....Petitioner Through:

Mr. Rajat Aneja with Mr. Ritesh Saxena, Ms. Garima Sehgal, Mr. Sameer Vats and Mr. Aditya, Advocates.

versus VAIBHAV SHARMA ALIAS MONTY AND ORS .....Respondents Through:

Mr. Sandeep Sharma, Sr. Advocate with Mr. Divyakant Lahoti, Mr. Kartik Lahoti and Mr. Adith Menon, Advocates for respondent No.1.

Mr. Ashutosh Lohia with Ms. Shraddha Bhargava, Mr. Sharan Mehta, Ms. Rishika Jain and Mr. Anant Deep Thakur, Advocates for respondent Nos.3 to 8.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 09.04.2025 1.

After hearing arguments for some time, Sh. Rajat Aneja, learned counsel for the petitioner, on instructions, and, in all fairness, submits that since Shobha Yatra is now scheduled for day after tomorrow i.e. on 11.04.2025 and there is paucity of time, the petitioner, while reserving their rights and contentions, is not interested in pursuing with the present petition.

2.

Learned counsel for the petitioner, however, supplements that such withdrawal may not be taken as an adverse circumstance against the petitioner in the pending proceedings of the suit. CM(M) 668/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:40:32

3.

It is submitted that one of the prayers in the suit is that defendant No.1 be restrained not to climb over the Rath and not to disturb the procession to be taken out on the auspicious occasion of Lord Hanuman Ji Maharaj Janmotsav, which, generally, falls in the month of April every year and this is third time, after filing of the suit, that the abovesaid issue has cropped up. His humble request is also to the effect that the learned Trial Court be requested to decide the abovesaid suit expeditiously so that in future, the aspect of Rath Yatra is not decided on the basis of any consent given by the parties or on the basis of precedents.

4.

Such contentions have, however, been refuted by learned counsel for the respondents.

5.

Be that as it may, in view of the above statement of Mr. Aneja, learned counsel for the petitioner, the present petition stands disposed of as not pressed in aforesaid terms while leaving all the rights and contentions of the parties open. It is also clarified that this Court has not made any observation with respect to the merits of the case. 6.

However, it is made clear that withdrawal of the present petition would not be taken as an adverse circumstance against the petitioner. MANOJ JAIN, J APRIL 9, 2025/st/SS CM(M) 668/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:40:32