Mumbai Court July 1905 Judgments

Hari Raghunath Vs. Vithal Dhondu

Court: Mumbai

Reported in: (1906)8BOMLR89

Lawrence Jenkins, K.C.I.E., C.J.1. The plaintiff as the representative of a Brahmin temple sues the defendants as representatives of a Kasar's temple for an injunction to restrain disturbance by noise. This noise is alleged to arise out of the Bhajan service conducted in the Kasar's temple and its effect is alleged to be that the performance of the Kirtan in the Brahmin temple is rendered inaudible and serious annoyance is thereby caused to the plaintiff and those whom he represents.2. The first Court considered that an actionable nuisance was established and granted relief.3. On appeal, the Joint First Class Subordinate Judge, A. P., at Thana, reversed the decree. He does not express disbelief in the evidence that the Kirtan is rendered inaudible, but his reasoning is that as the Bhajan is of necessity a noisy service, noise created in its performance cannot be a nuisance. He further declined to consider the question whether the defendants were actuated by malice. 4. In our opinion th...