MUKHTAR JAFARBHAI MAULANA HASANALI Vs. AMIRUDDIN

JUDGEMENT

(1.) IN these proceedings, the petitioners complain that the respondents by publication appeared on 9-3-1991 in daily 'nav Bharat' at Jabalpur have shown a flagrant disregard of the order of this Court dated 6-2-1991 and thereby committed a contempt. On 25-3-1991 notices to the respondents were issued. They were made returnable within two weeks. The matter was finally heard on 22nd, 23rd and 24/04/1991.

(2.) IN 1967 the petitioners filed a suit purported to be under Section 8 of the Madhya Pradesh Public Trusts Act, for setting aside the finding recorded by the Charity Commissioner under Section 6 of the said Act and claiming declaration that the Public Trust has been created by virtue of a deed marked as Exh. 554 in 1894. The trial Court recorded a finding that the plaintiffs have proved that as per the directions of Maulana Malak Saheb, a Public Trust was created in 1894. However, the plaintiffs are not the members and followers of the sect founded by Maulana Malak Saheb and as such, they were not entitled to a declaration as sought for.

(3.) THE petitioners, therefore, presented an appeal before the District Judge. The respondent No. 1 also filed a cross-objection. The petitioners on 1-4-1989 applied under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, for temporary injunction and prayed therein to restrain the respondent No. 1 or his agent from selling, alienating, transferring or dealing with the Trust property in any manner whatsoever till disposal of the appeal. The District Judge by order dated 16-11-1989 rejected the application. The petitioners, therefore, presented appeals against the order registered as Nos. 76/89 and 77/89.