JAGDISH PRASAD GUPTA Vs. B M SHRIVASTAVA

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and decree by which the suit of the plaintiff for permanent injunction was dismissed. The suit was filed on the apprehension that respondents have given publication of notice in the newspaper that they are approaching the Registrar, Public Trust for registration of the temple as a public trust. Apprehending by this notice, appellant has filed the suit which has been dismissed by the Court below. The Court below has found that the appellant could not prove the case either by producing any documentary evidence or oral evidence. The plaintiff has filed certain documents along with application under Order 41 Rule 27 of Code of Civil Procedure, before this Court, but this application cannot be considered at this stage. The appellant filed the present suit merely on the apprehension that the respondents have approached the Registrar Public Trust for registration of the trust. Any decision by the Registrar Public Trust is always subject to filing of civil suit under section 8 of the Madhya Pradesh Public Trust Act.

(2.) IN the circumstances, the appellant has failed to make out any case by showing any substantial question of law involved in this appeal. Consequently this appeal has no merit and is accordingly dismissed with no order as to costs.