ARVIND JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Section 104 read with Order 47 Rule 1(r) of the Code of Civil Code 1908 has been preferred by the defendants/appellants having been aggrieved by an order dated 7th May 2013 in Civil Suit No.2A/2013 passed by the First Additional District Judge Bhind (M.P.) granting temporary injunction against the defendants restraining them from interfering into peaceful possession of the plaintiffs and causing damage to the properties under suit.

(2.) The necessary facts of the case are that the temple of Jains known as 'Shree 108 Acharya Surya Sagar Nasiyaji is situated from before at Water Works Road Bhind with its wide movable and immovable properties. The worship and the properties of the said temple by that time were being managed by a Trust. As per pleadings of the respondents/plaintiffs, the trust was registered under Madhya Pradesh Society Registration Act 1973 since 1978 vide Registration No. 6851 dated 16th September 1978. It is stated that on 30th June 2012, some persons including appellants/defendants passed the resolution for creation of new trust and also resolved that the trust newly formed be registered under M.P. Public Trust Act 1951. In pursuance of the resolution, an application was filed before the Registrar, Public Trust Bhind for registration of the Public Trust for management of the Temple and it's properties situated in Bhind. After following the procedure prescribed in law and deciding the objections raised by the persons from public, the Registrar M.P. Public Trust registered the trust proposed for "Shree 108 Achaya Surya Sagar Udaseen Ashram Nasiyaji Bhind" without any movable or immovable properties for conducting religious, social and educational functions on behalf of such trust having further intent to create harmonious atmosphere. The trust was consisting of 31 members who were bound to follow the provisions of law by maintaining the accounts regularly.

(3.) It is alleged that in the garb of the registration before the Registrar M.P. Public Trust Bhind, the defendants tried to disturb possession and management of the movable and immovable properties attached with the temple and under management of trust, resultantly, the plaintiffs who are the Chairman and Secretary of the Managing Trust registered under M.P. Society Registration Act 1973 filed the suit against the defendants for declaration by questioning the validity of the proceedings launched before the Registrar M.P. Public Trust and registration of the trust on application filed by Shri Arvind Jain and others before the Registrar M.P. Public Trust Bhind with perpetual injunction for safety of the possession of the plaintiffs over the movable and immovable properties attached with the temple. On application under Order 39 Rule 1 & 2 C.P.C. filed along with suit, the learned trial court, after considering the parties' contentions and evidence on record by an order under appeal, issued the temporary injunction for safety of possession over the property of the temple managed by the trust headed by the plaintiffs. Being aggrieved by the aforesaid order, the defendants have come to this court.