Jain Shwetambar Tirth Antriksha Parshwanath

Author(s): Antriksha Parshwanath Sansthan Shirpur
Publisher: Antriksha Parshwanath Sansthan

Page 36

(3) C. R. Appeal No. 361:- "What the Digambaris have secured by the judgment of the Privy Council, above referred to is only a right to worship at the temple according to the time table of 1905 and no further Any interference by the Digambaris in the management of temple-be that management be necessary alterations and improvements in the temple or its property, or by constructic n of further structures on the temple land-would amount to an unlawful act on the part of the Digambaris.'
(4) Case No. 9 of 1940, "Whether the Shwetambaris who have admittedly a right of exclusive management of the temple and image, were entitled to do even acts in exercise of that right, In my opinion they were entitled to do so. I hold accordingly."
"My conclusion, then, is that the expression with all its implications does not mean or include a claim to worship with its settings and surroundings."
(5) Misc. Judicial Case No. 63 of 1941:- The Shwetambaris filed this suit for ejection of Digambari establishments, under section 47 of C. P. C.
The Learned Judge observes that the privy Council decree granted a declaration only in favour of Shwetambaris so far as the right to the exclusive management of the temple and image is concerned - and if there is any modification or clarification made by the Privy Council it was only with respect to the Digambari right of worship.
However, he held that the present application made under section 47 C. P. C. was not tenable, and that the remedy lay in a separate suit.”
(6) Misc. C. R. 28 of 1960 :- " The non-applicants (Shwetambaris ) in this case are not aggressors, and therefore the prosecution case is misconceived."
(23)
Jain Edulation International