SARVESHWARI SAMOOH KUSHTA SEVASHRAM Vs. SIDDARTHA GAUTAM RAM

JUDGEMENT

(1.) A vacancy in the office of the President of the Committee of management of a society being ran in the name and style of 'Sarveshwari Samooh, Varanasi' registered under -the provisions of Societies Registration Act came into existence on 29-11-1992 on account of the death of the then President in office. A dispute between the two rival claimants -fop the aforesaid office led to the filing of original suit No. 265 of 1993 on 22-4-1993. In this suit 'Sri Sarveshwari Samooh', the society was arrayed as plaintiff No. 1 through its President Sri Tej Pratap while Tej Pratap was arrayed as plaintiff No. 2. The plaintiffs prayed for a decree of permanent injunction restraining the defendants from causing any interference or obstruction of any nature whatsoever in the management of plaintiff No. 1 with plaintiff No. 2 as its President with the office bearers and the members of the Committee of management of plaintiff No. 1 as constituted on 27-12-1992. The defendants who were sought to be restrained as indicated above were Siddharth Gautam Ram. Priyadarshi 'Ram, Anil Ram and Gurupad Sambhav Ram who had been arrayed as defendants No. 1 to 4 respectively.

(2.) It may be noticed that by means of an application dated 4-5-1993, paper No. 28-C, the defendants No. 2 and 3 viz. Priyadarshi Ram and Anil Ram, accepting the claim of the plaintiffs and asserting that they had been wrongly impleaded prayed that the injunction sought by the plaintiffs may be granted against the defendants No. 1 and 4. In view of this application, the dispute stood confined between the plaintiffs and defendants No. 1 and 4 viz. Siddharth Gautam Ram and Gurupad Sambhav Ram.

(3.) During the pendency of this suit, the plaintiffs moved an application paper No. 6-C praying that the defendants may be restrained from causing any interference or obstruction of any nature whatsoever in the management and daily functioning of plaintiff No. 1 with plaintiff No. 2 as its President with the office bearers and members of the Committee of Management of plaintiff No. 1 as constituted on 27-12-1992 till the disposal of the suit.