LAWS(MPH)-2013-7-284

ABHAY SINGH Vs. THE STATE OF M.P.

Decided On July 10, 2013
ABHAY SINGH Appellant
V/S
The State Of M.P. Respondents

JUDGEMENT

(1.) AS W.P. No. 5068/2014 (Abhay Singh and another Vs. The State of M.P. and others) as well as R.P. No. 114/2014 (Hemant Kumar Singhai and others Vs. The State of M.P. and others) both arise from the same dispute and, therefore, they are heard and decided together concomitantly with the consent of the learned counsel appearing for the parties.

(2.) THE dispute between the parties relates to right to manage the Nabhi Nandan Digambar Jain Hitobhdeshni Sabha, Bina. It is stated that the term of the out going body has expired on 17.8.2013 and thereafter fresh elections have already been taken place. However, in view of the pendency of the Civil Suit No. 67 -A/13 before the Civil Judge Class II, Bina and in view of the order passed in W.P. No. 912/2014 dated 21.1.2014, the petitioners in W.P. No. 5068/2014 is continuing to hold the charge of the trust even though a new body has been constituted.

(3.) THIS Court, in view of the reported decision in the case of Digambar Jain Hitobhdeshni Sabha, Bina (supra) had disposed of the petition with liberty to the petitioners to approach the Competent Court by filing an appropriate application seeking interim orders with a further stipulation that in case such an application is filed within a week from the date of passing of the order dated 21.1.2014, the operation of the impugned order dated 10.1.2014 passed by the Registrar, Public Trust, Bina directing handing over of charge to the applicants in RP No. 114/2014 shall remain stayed.