DATTA DEVASTHAN TRUST Vs. MILIND GOVIND KSHIRSAGAR

JUDGEMENT

(1.) This is an application against the omnibus order passed by the 7th Jt. Civil Judge (J.D.), Ahmednagar whereby the application (Exh.20) filed by the defendants no.1 to 3 - trustees under Order 7, Rule 11 of the Code of Civil Procedure came to be rejected and the plaintiff's application (Exh.5) for temporary injunction came to be allowed, restraining the defendants from obstructing the plaintiff for performing the Puja and other rituals in respect of the deities and idols mentioned in paragraph 1 of the plaint, pending the suit.

(2.) The plaintiff - respondent no.1 filed the suit for injunction against the defendants out of which the defendant no.1 is the public trust registered under the Bombay Public Trust Act, 1950 and the defendants no.2 to 5 are trustees thereof. In the course of the suit, an application under Order 7, Rule 11 of the CPC came to be filed by the defendants taking objection for maintainability of the suit for want of permission of the Charity Commissioner before filing of the suit as contemplated under Sections 50 and 51 of the B.P.T. Act. The plaintiff, on the other hand, filed application for temporary injunction against the defendants - trustees submitting that they were obstructing him from performing Puja and other rituals in respect of the deities and other idols in the trust temple, which right was endowed on the plaintiff by the settlor of the trust.

(3.) The learned trial Judge thought it fit to hear both the parties conjointly on both the applications and adjudicated and disposed of both the interim applications by the common order rejecting the defendants' application under Order 7, Rule 11 of the CPC and allowing the application for temporary injunction filed by the plaintiff.