JITENDRAKUMAR AMRUTLAL SHAH Vs. GHEVAR

JUDGEMENT

(1.) Second Appeal No. 72 of 2002 has been filed against the judgment dated 3rd May 2002 delivered by the District Court, Kheda at Nadiad in Regular Civil Appeal No. 132 of 2001, which arises out of the judgment dated 15th February 2000 delivered by the Court of Civil Judge, Junior Division, at Petlad in Regular Civil Suit No. 289 of 1994.

(2.) The appellant in Second Appeal No. 72 of 2002 is the original plaintiff, viz. Shri Sanatan Jain Dharam Shrimad Rajchandra Ashram, Agas while in Second Appeal No. 73 of 2002, the appellant is the original plaintiff who is the president of Shrimad Rajchandra Mumukshu Mandal, which is an association of the followers of Shrimad Rajchandra.

(3.) It appears that the plaintiffs filed the respective suits as according to them, the defendant, i.e. the present respondent, was intentionally committing breach of the rules of the Ashram with specific reference to rule No. 22 (2) and rule No. 18 of the Scheme of the Ashram. Accordingly, relief was sought by the plaintiff seeking declaration and perpetual injunction to the effect that the defendant may not be permitted to enter or live in the properties belonging to the Ashram. The trial Court decreed both the suits, and granted relief as prayed for, against which the defendant, the present respondent herein, preferred appeals before the Court of District Judge, Kheda at Nadiad. The first appellate Court, for the reasons stated in its impugned judgment, remanded the matter to the trial Court with directions to the trial Court to frame additional issues as directed by the first appellate Court. It is against the aforesaid order of remand and direction that these appeals have been preferred.