' This is an application under Order 39, Rules 1 and 2 read with section 151, C.P.C., whereby the Plaintiffs have prayed for interim injunction restraining the Defendants from preventing the Plaintiffs from offering `Namaz' with `Jamaat' or otherwise in the Ismailia Agha Khani `Jamaat Khana' and from entering the same pending disposal of the suit.
2. The Plaintiffs' claim to be 'Ismailia Agna Khanis'. From the perusal of the plaint it appears that they do not want to follow the mutilated beliefs and practices prevalent in their community of 'Ismailia Agha Khanis' and insist on reverting to puritanic and fundamental ideas and practices of ISLAM, at the same time retaining their 'Ismaili Agha Khani faith. It is not possible to conceive that a person can adopt pure and true Islamic ideals and practices and at the same time remain an 'Ismaili Agha Khani'. The pleadings of the Plaintiffs and bulk of documents filed alongwith the same leads to the same inference. Whether these two things can run parallel to each other or not is a question which will have to be decided after the conclusion of the trial of this suit. Mr. J.H.
Rehmatullah Advocate for the Defendants, who himself also happens to be an 'Ismaili Agha Khani', very wisely avoided to touch the above sensitive issue. Instead he took the stand 010 the `Jamaat Khanas' were the private. Property of the Agha Khan, who had every right to manage and control the same and regulate the entry and the activities of the persons entering therein and that any interference therein is likely to cause great problems, hardship and inconvenience to the defendants so also irreparable loss.
3. I have given my thoughtful consideration to the contentions of the counsel for both sides. In my view the issue is such that it is not desirable to give a tentative finding on the same at this stage.
For the present the question for determination before me is as to whether the above interim relief be granted to the plaintiffs. In my estimation the interim relief prayed for by the plaintiffs should not be granted as even if it is conceded that they have a prima facie case then also, keeping in view the balance of inconvenience and the irreparable loss that the defendants would suffer in such a situation, it will not A be in the interest of justice to grant the interim relief prayed for by the plaintiffs because that would not only cause great inconvenience and irreparable loss to the defendants but would amount to granting the reliefs prayed in the suit itself before a regular trial is held. This is quite clear from the perusal of the prayer clauses of plaint, if read in juxtaposition with those of the application.
I, therefore, dismiss C.M.A. No,2663/1986.
Interim injunction refused.