Amit Kumar & ANR v. Dharam Prakash & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2911/2015 & IA No.20126/2015 AMIT KUMAR & ANR ..... Plaintiffs Through : Ms. Radhika Chandershekhar, Adv.

versus DHARAM PRAKASH & ORS ..... Defendants Through : Mr. Hitesh Kumar, Advocate for 4, 5, 7 and 11.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 28.10.2015 1.

The present suit for permanent injunction has been instituted by the plaintiffs against eleven defendants praying inter alia that they be restrained from interfering in peacefully holding/staging Ram Lila at the subject land situated in village Chattarpur, Delhi. 2.

Vide ex parte ad interim order dated 23.9.2015, the defendants were restrained from interfering in holding/staging of Ram Lila and the Dassehra festival on the subject land.

3.

Learned counsel enters appearance for the defendants No.4, 5, 7 and 11 and states that the plaintiffs have instituted the present suit against five dead persons, namely, defendants No.3, 6, 8, 9 & 10. He further states that the suit was instituted by the plaintiffs for the limited relief of permanent injunction for restraining the defendants CS(OS) 2911/2015 Page 1 of 2

from obstructing them from peacefully staging Ram Lila and holding the Dasshera festival at the subject land and now that the Dassehra festival is over, nothing further survives for adjudication. 4.

Counsel for the plaintiffs confirms the fact that compliances of the ex parte ad interim order dated 23.9.2015 were made by the defendants. She states that the Dassehra festival being over, her clients do not wish to press the suit any further. However, the plaintiffs reserve their rights to seek their legal remedies against the defendants for holding/staging Ram Lila and Dasshera festival or other community celebrations at the site in future, as may be available to them in law.

5.

While granting liberty to the plaintiffs, as prayed for, the present suit is disposed of, along with the pending application. Needless to state that if the plaintiffs institute a fresh suit/proceeding, the defendants shall be entitled to take all the pleas that may be available to them, both on facts and in law.

6.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 28, 2015 sk/mk CS(OS) 2911/2015 Page 2 of 2