NIRMAL BHAWANANI Vs. RAJASTHAN CHARITY TRUST AND OTHERS

JUDGEMENT

(1.) This writ petition was filed by the petitioner / defendant no. 1 praying for a direction for quashing the order dated 6.1.2011 passed by the IV Additional District Judge, Varanasi in Civil Appeal No. 63 of 2010 (Nirmal Bhawnani Vs. Rajasthan Charity Trust & others) and for a direction to the learned Court below to issue summons / notices for service upon the respondent no. 4 on his correct address mentioned in the Application Paper No. 38-C filed in Civil Appeal No. 63 of 2010.

(2.) An interim order was granted in the aforesaid petition on 4.2.2011 staying further proceedings in Civil Appeal No. 63 of 2010 till the next date of listing and the interim order has been continued since then.

(3.) Learned counsel for the petitioner / defendant no. 1, Sri Ashish Kumar Srivastava has submitted before this Court that initially the plaintiffs, who are the respondent nos. 1 to 3 in this petition had filed a suit in the Court of Civil Judge, Varanasi bearing no. 223 of 1994 alleging that the respondent no. 1 was a charitable trust and owner of House No. K-4 / 43 Lalghat, Varanasi and respondent nos. 2 & 3 are its trustees.