[1] Captioned main ‘Civil Revision Petition’ (‘CRP’ for the sake of brevity)
has been presented in this Court on 26.05.2025 under Article 227 of the Constitution
of India assailing an order dated 14.05.2025 made in Execution Case No. 9 of
2012(17 of 2013/48 of 2017) on the file of Court of Civil Judge Senior Division,
Imphal West. This ‘14.05.2025 order’ shall be referred to as ‘impugned order’ and
the Court which made the order i.e., ‘the Court of Civil Judge Senior Division, Imphal
West’ shall be referred to as ‘Executing Court’, both for the sake of convenience and
clarity.
[2] The genesis of the matter is a litigation which commenced 6 (six)
decades and 6 years ago, to be precise in 1960 vide a civil suit being Original Suit
No. 58 of 60 filed by one Purnananda Sharma, S/o Late Gopal Ram Sharma. This
suit was filed with a prayer for declaration that he is one of the co-shebaits of the
‘Deity of Shree Radha Krishna at Thakurbari, Paona Bazar, Manipur’ {‘said deity’
and/or ‘said idol’ for the sake of brevity and convenience’} and he also sought a
perpetual injunction qua an immovable property dedicated to the said deity of Shree
Radha Krishna. There was another suit filed on behalf of idol i.e., said deity of Shree
Radha Krishna by Secretary of Radha Krishna Mandir Parbandhair Karya Karini
Committee and another against Purnananda Sharma with a prayer for delivery of
possession of said property (to be noted, ‘the property for which injunction was
sought in the earlier suit which is dedicated to the said deity’ is being referred to as
‘said property’) and for permanent injunction qua rights of Purnananda Sharma
regarding performing puja and other religious actions qua the said deity. These
2(two) suits, after multiple renumbering in different Courts owing to multiple hoping
from one civil Court to another, ultimately took the shape of Original Suit Nos. 1 of
1974 and 2 of 1974 both on the file of ‘the Court of Additional District Judge,
Manipur’ (‘Trial Court’ for the sake of brevity and convenience). As the 2(two) suits
are in the nature of cross suits, the Trial Court conducted joint trial and passed a
common judgment dated 30.11.1974 which has resulted in 2(two) decrees, one in
O.S. No. 1 of 1974 and another in O.S. No. 2 of 1974. In and vide the decree in
O.S. No. 1 of 1974, declaration as regards co-shebait was granted but the prayer
for perpetual injunction qua said property was dismissed. In and vide the 2nd decree
in O.S. No. 2 of 1974 the prayer for recovery of possession of said property by
demolishing all the structures standing thereon was acceded to/decreed and the
prayer to restrain Purnananda Sharma by way of an injunction from performing
pujas and other religious activities i.e., injunction prayer was negatived.
[3] One Ashok Kumar Aggarwal, son of Badlu Ram Aggarwal filed an
Execution Case being Execution Case No. 9 of 2012 on the file of the Executing
Court and Ashok Kumar Aggarwal filed the execution case in his capacity as
worshiper of said deity. In this execution case, execution of the 2nd decree i.e.,
decree in O.S. No. 2 of 1974 was sought. It will suffice to write that both decrees
are of the year 1974. It is in this execution case that the impugned order was made
by the Executing Court. To be noted, in the Execution Court Purnananda Sharma,
(now deceased and represented by his legal representatives) i.e., Judgment
Debtors, inter alia took the objection that the petition has been filed by a person
who is not a party to the suit. The Executing Court proceeded on the basis that the
idol is in the nature of a minor and the worshiper can represent the idol as guardian.
It is this impugned order that is being put to challenge in the captioned CRP by the
Judgment Debtors.