NARAYANA DHARMASANGHOM TRUST Vs. SWAMI PRAKASANANDA

JUDGEMENT

(1.) Leave granted. This appeal, by special leave, arises from the judgment of the Kerala High court, made on 16/1/1996 in RP No. 204 of 1995 in CRP No. 2724 of 1994.

(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 AS No. 14 of 1956, dated 26/3/1959. Since the term of the elected body was to expire on 10/8/1994, the Trust Board on 4/7/19944 decided to conduct election on 26/7/1994. Disputes had arisen as to the validity of the elections held on 26/7/1994 and the suit came to be filed. Ad interim injunction was granted by the learned Subordinate Judge, Attingal in OS No. 247 of 1994 on 22/11/1994. Against the interlocutory order passed by the appellate authority in CMA No. 167 of 1994, dated 2/12/1994, CRP No. 2727 of 1994 came to be filed. The High court by judgment dated 19-6- 1995 allowed the revision, set aside the order of the appellate authority and gave certain directions. Calling that matter in question Special Leave Petition (C) No. 13667 of 1995 came to be filed in this court. This court on 29/6/1995 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.