LAWS(SC)-1997-4-182

S.N. DHARMA SANGAM TRUST Vs. SWAMI PRAKASANANDA

Decided On April 09, 1997
S.N. Dharma Sangam Trust Appellant
V/S
SWAMI PRAKASANANDA Respondents

JUDGEMENT

(1.) Leave granted. This appeal, by special leave, arises from the judgment of the Kerala High Court, made on Jan. 16, 1996 in R.P. No. 204/95 in CRP No. 2724/ 94.

(2.) The dispute has arisen with regard to the election to the Committee of Sree Narayana Dharmasanghom Trust. The Trust is governed by the scheme framed by the High Court in A.S. No.14/56, dated March 26, 1959. Since the term of the elected body was to expire on 10.8.,94, the Trust Board on 4.7.94 decided to conduct election on 26.7.94. Disputes had arisen as to the validity of the elections held on 26.7.94 and the suit came to be filed. Adinterim injunction was granted by the learned Subordinate Judge, Attingal in O.S. No. 247/94 on 22.11.94. Against the interlocutory order passed by the appellate authority in CMA No. 167/94, dated Dec. 2, 1994 CRP No. 2727/ 94 came to be 'filed. The High Court by judgment dated June 19, 1995 allowed the revision, set aside the order of the appellate authority and gave certain directions. Calling that matter in question SLP (C) No. 13667/95 came to be filed in this court. This Court on June 29, 1995 passed the following order:

(3.) Thereafter, an application came to be filed to review the order passed by the High Court in the revision, which had been dismissed by the High Court holding that the order passed by the High Court stood merged with the order of this court. As a consequence, the High Court cannot review the order. Thus, this appeal, by special leave.