DEV MAHADEVJI MANDIR Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS is an appeal under section 27 of the M. P. Public Trusts Act, 1951 (In short "Act, 1951") has been filed by the Deity Shri Dev Mahadevji Mandir through trustee Kanchhedilal against the order dated 30-3-2009 passed by learned Additional District Judge, Rehli District Sagar in M.J.C. No. 1/2008 and simultaneously also deciding M.J.C. No. 2/2008.

(2.) IN pursuance to the order dated 8-10-2007 passed by the Registrar under the Act, 1951 an application under section 26 was filed by Deity Shri Dev Mahadevji Mandir through trustee Kanchhedilal. Similarly another application which was registered as MJC No. 2/2008 was filed by the Deity Shri Dev Mahadevji Mandir through Managing Trustee Rajesh Kumar for the appointment of trustee. Both the applications were clubbed and consolidated and by a common order learned Court below has disposed of both the applications and passed the following order:- <IMG>JUDGEMENT_675_MPLJ4_2012IMAGE1.jpg</IMG> <IMG>JUDGEMENT_675_MPLJ4_2012IMAGE2.jpg</IMG>

(3.) ON the other hand Shri Choubey, learned counsel for respondent No. 1 argued in support of the impugned order and also raised a preliminary objection that this appeal is not maintainable for two reasons. Firstly by the impugned order the working trustee Kanchhedilal was directed to be removed from his office and hence he was not having any locus standi to file appeal by assailing the impugned order. Secondly, during the pendency of this appeal, said Kanchhedilal had also died and his son Alok Tiwari is not having any locus standi to continue this appeal. Thus, it has been prayed that this appeal be dismissed on the ground of maintainability as well as on merits.