ABHAY SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) AS W.P. No. 5068/2014 (Abhay Singh and another Vs. The State of M.P. and others) as well as 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.) IT is pointed out that W.P. No. 912/2014 was filed before this court by the petitioners in W.P. No. 5068/2014 praying for a direction to the Registrar Public Trust, not to interfere in the functioning of the Trust as the Trust was a public trust in view of the law laid down by this Court in the case of Digambar Jain Hitobhdeshni Sabha, Bina and another Vs. Narendra Kumar Bukharia and others, 1990 MPLJ 55.