DINESH CHANDRA BORAH Vs. LILY BORAH

JUDGEMENT

(1.) Heard Mr. N.C. Das, learned senior counsel, assisted by Mr. B.P. Borah, the learned counsel for the petitioner and Mr. B. Dutta, learned counsel for the respondent.

(2.) The respondents herein are the plaintiffs in T.S. No. 61/2017. The petitioner herein is the defendant No.1 in the said suit and one Smt. Nirupa Hazarika is arrayed in the said suit as proforma defendant. In the said suit, the respondents had prayed for a decree declaring that they, being the majority in number of J.B. Memorial Trust, have absolute right and authority to carry forward the object of the said trust and therefore, entitled to manage, look after and control the trust property in the intent and terms of the trust deed no. 211/2003 dated 20.02.2003; for decree declaring that the petitioner herein shall always be compelled and bound to perform and comply with the decision adopted by the Board of Trustees of the aforesaid trust from time to time including the decision adopted in its meeting dated 24.06.2017; for permanent injunction restraining the petitioner herein and other persons claiming through him from doing any activity and/or participating in the day to day affairs and management of the J.B. Memorial Balya Bhaban School (Schedule-A property) as well as restraining them from dealing and/or participating with any activity relating to the Schedule-B trust property; for ad interim injunction, etc.

(3.) Along with the said suit, a separate injunction application under the provisions of Order XXXIX Rules 1 and 2 read with Section 151 CPC was filed, which was registered as Misc. (J) Case No. 97/2017, wherein the respondents had prayed for grant of ad interim injunction restraining the petitioner herein and other persons claiming through him from doing any activity and/or participating in the day to day affairs and management of the J.B. Memorial Balya Bhaban School (Schedule-A property) as well as restraining them from dealing and/or participating with any activity relating to the Schedule-B trust property.