(1.) The petitioners/plaintiffs have filed the present petition being aggrieved by order dated 9.8.2018 by which learned 17 th Additional District Judge, Indore has rejected the applications filed u/s. 80(2) and u/s. 92(1) of C.P.C. and dismissed the suit.
(2.) Brief facts of the case are that the petitioners/plaintiffs are local resident of Indore city. Respondent No.1 is a public trust registered under the provisions of M.P. Public Trust Act, 1951 having Registration No.742 dated 20.7.2001. The main aim and object of the trust is to provide education, medical facilities, de- ediction centre and cultural activities for the members of 'Jain' community. The trust is running the college in the name of Acharya Gyan Ayurved Mahavidyalaya, Indore which is affiliated with Devi Ahilya Vishwavidyalaya, Indore and running successfully since 15.3.2004. Respondents/Defendants No.2 to 5 are present trustees of defendant No.1 trust. According to the plaintiffs, the trust has encroached over the Government land bearing Survey No.162/1/2 area 0.162 Hect. and constructed the College building as well as hostel. Plaintiffs filed the suit seeking the relief that registration of the trust be cancelled or in the alternative, the defendants No.2 to 5 be removed from the post of trustee of the trust. Plaintiffs filed the suit on 2.8.2018. Along with the suit, they also filed the applications u/s. 80(2) and u/s. 92(1) of the C.P.C. seeking leave of the Court to file the suit.
(3.) Both the aforesaid applications came up for consideration on 9.8.2018 and after hearing the arguments at length, learned Additional District Judge has rejected the application u/s. 80(2) of C.P.C. on the ground that two months' period has not been expired before filing the suit. Learned Additional District Judge rejected the application u/s. 92(1) of C.P.C. on the ground that the plaintiffs have failed to produce any evidence to establish the interest in the trust.