ANAND KANIKA DEVELOPMENT SOCIETY Vs. ACHARYA ANANDA ABHISUMBUDHA

JUDGEMENT

(1.) BY way of this petition, the petitioners have prayed to quash and set aside the impugned order dated 14.11.2006 passed by the learned Principal Civil Judge, Gandhidham-Kutch below application Exhibit-14 filed in Regular Civil Suit No. 885 of 2006, whereby the said application was rejected.

(2.) THE facts in brief are that petitioner no. 1 is a Trust registered under the Bombay Public Trust Act. Petitioner nos. 2 to 4 and the respondents are the trustees of the said Trust. THE petitioner-Trust is engaged in various educational, charitable and social activities at Gandhidham. On removal as Trustees from the petitioner-Trust, the respondents preferred Regular Civil Suit No. 885 of 2006 before the Court of learned Principal Civil Judge, Gandhidham-Kutch against petitioner nos. 2 to 4 praying to restrain petitioner nos. 2 to 4 from holding meetings and also to restrain, petitioner nos. 2 to 4 from acting as the Honorary Secretary of the petitioner-Trust. In the said suit, petitioner nos. 2 to 4 preferred application Exhibit-14 under Order 7 Rule 11 of the Code of Civil Procedure. THE trial Court, vide order dated 14.11.2006, rejected the said application Exhibit-14 preferred by petitioner nos. 2 to 4. Hence, this petition.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. The main grievance of the petitioners is that the reliefs sought in the plaint can only be considered by the Charity Commissioner under the provisions of the Bombay Public Trust Act and that the Civil Court has no jurisdiction to grant the reliefs prayed in the plaint of the suit. From the record, it appears that the reliefs which are claimed in the plaint do not fall within the ambit of Section 50 of the Bombay Public Trust Act and therefore, no prior permission from the Charity Commissioner, as provided u/s. 51 of the Bombay Public Trust Act, is required.