SANTOSH KUMAR GUPTA Vs. NAGAR KESHARWANI VAISHYA SABHA

JUDGEMENT

(1.) CHALLENGE in this petition under Article 227 of the Constitution is made to the order dated 16.8.2007 passed by the District Judge, Jabalpur allowing an interlocutory application filed by the respondents with regard to granting them charge of the trust in question so also the order dated 3.9.2007 rejecting an application filed for review of this order.

(2.) THE dispute in the present lis pertains to management of "Rambha Pasaran Radha Krishna Mandir Public Trust" and filling up the vacancy of trustees. On a dispute with regard to the said trust being raised, the Registrar Public Trust has referred the matter u/s. 26 of the M.P. Public Trust Act to the District Judge, Jabalpur. The dispute is pending before the District Judge, Jabalpur. Respondents No. 2 and 3 namely Ravi Kumar Gupta and Shankarlal Kesharwani submitted an application seeking charge of the trust in question. This application was allowed and, therefore challenge is made to the aforesaid interlocutory order by the petitioner.

(3.) TAKING me through a will and various other documents available on record and emphasing on the intention of the person who created the trust, Shri Atul Anand Awasthy, learned counsel for petitioners argues that the order passed by the learned District Judge is unsustainable.