BRAJA KISHORE MOHANTY Vs. NILACHAL SARASWAT SANGHA

JUDGEMENT

(1.) This defendants are the appellants in both the appeals against the common judgment dtd. 2/4/2004 passed by the First Additional District Judge, Cuttack in RFA No.5 of 2003 and RFA No.9 of 2003. Both the appeals were filed challenging the judgment and decree dtd. 23/12/2002 and 6/1/2003 respectively passed in T.S. No.376 of 1989 by the learned Additional Civil Judge (Senior Division), Cuttack whereby the learned Civil Judge decreed the suit in part. The Plaintiffs-Appellants herein had preferred RFA No.5 of 2003 whereas the Defendants had preferred RFA No.9 of 2003. The learned 1st Additional District Judge by a common judgment disposed of both the appeals whereby RFA No.5 of 2003 was allowed and RFA No.9 of 2003 was dismissed. Hence, both these second appeals were heard together and are being disposed of by this common judgment.

(2.) The Respondent-Plaintiff No.1 (Nilachal Saraswata Sangha, Puri) known as Kendra Sangha being represented by it's the then Secretary Late Raghunath Pati and Cuttack Saraswata Sangha a Branch of Nilachala Saraswata Sangha, Puri (Plaintiff No.2) being represented by its Secretary Late Anatha Bandhu Pradhan and the President of Kendra Sangha (Plaintiff No.3) jointly filed Title Suit No.376 of 1989 in the Court of the Civil Judge (Senior Division), Cuttack claiming the following reliefs:-

(3.) The case of the plaintiffs in brief as pleaded in their plaint was that Nilachala Saraswata Sangha (Plaintiff No.1) is a society registered under the Societies Registration Act, 1860. The aim and object of the Sangha was to propagate the philosophy and ideology of Sri Sri Thakur Srimat Swami Niagamananada Saraswati Dev. After its registration, Bye law of the Sangha was framed with various provisions to regulate the activities of the Sangha. As per the provision of the Bye law, overall affairs of the Kendra Sangha were entrusted to the Governing Body, and the Governing body remained as the custodian of all the properties of Kendra Sangha, Branch Sanghas and the Sikshya Kendra Sangha. As per the Bye Law, the Governing body shall consist of 9 members who shall be elected in the combined meeting of the existing members of the Governing Body and the members of the Advisory Board to be convened by the Secretary of the Kendra Sangha. The Kendra Sangha has three categories of members (i) Probationer, (ii) Regular Members, (iii) Associate Members. The Kendra Sangha shall be consisting of three organs (i) A Governing Body, (ii) An Advisory Board and (iii) A General Body.