Jain Shwetambar Tirth Antriksha Parshwanath

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

Page 94

pointed to any such issue, and as it stands, is in all its prolixity on this issue, incomplete. In saying this, their Lordship have specially in mind the absence of Kalyanchand from the witness box-as absence only justifiable by the fact that this matter on which his evidence must have been so direct was not in issue at the trial. Lastly, the concession of the time-table now made by the respondents does not as it seem to their Lordships, carry with it any admission of a right on the part of the Digambaris to participate in the management. No one has, in fact, suggested that the time-table without management is valueless, on the contrary, the evidence shows that this has been the prevailing order since the final rupture between the parties place in 1909.
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Their lordship need hardly affirm that they may call the Digambari right to the time-table as now declared, with all its implications, is in no sense a matter of favour. It is a matter of right by the Digambaris will bring them in to conflict with the courts Nor will they forget that by the admission of their learned counsel before the Board, they make no claim to the collections of money and offerings made by worshippers during the Digambari periods of worship. With these matters kept fully in mind by the Swetambaris there seems to their Lordships to be no reason why under this arrangement the relations between the two sects should not in this matter be in the future entirely harmonious.
In the result, therefore, the appeal fails and their Lordships will humbly advise His Majesty that it be dismissed with costs.
Their Lordships will further humby advise His Majesty that a petition lodged by the appellants for a stay of execution of the decree of the Judicial Commissioner be also dismissed with costs.
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