AGRASAIN SEVA SAMITY Vs. BASUDEO TIKMANY

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India is directed against an order whereby the appellate court reversed an order of refusal of temporary injunction and held that the plaintiff/opposite party is entitled to continue as member of the petitioner-Society, being the Agrasain Seva Samity, until cessation of his trusteeship as per the Rules of the said Samity. It was further observed that the defendant/petitioner is always at liberty to follow the prescribed procedure as per the Regulations. It was held that the plaintiff, under those circumstances, would be entitled to raise this plea and the decision is to be taken by the defendant as per the Regulations. It was further observed that in case the decision is passed against the plaintiff after due process is followed, it is always open to the defendant(s) to file an application for vacating the interim order, in view of change of circumstances, under Order XXXIX Rule 4 of the Code of Civil Procedure and the plaintiff would be entitled to contest the same on merits under those circumstances.

(2.) The dispute from which the instant matter arises relates to the alleged expulsion of the plaintiff/opposite party from membership and trusteeship of the petitioner-Society.

(3.) The reliefs claimed in the suit are as follows: