KARNVEER SINGH Vs. PANJI LAL DAMOR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 14.08.2019 passed by District Judge, Dungarpur, whereby, the appeal filed by respondent Nos.1 to 3 has been allowed and the order dated 17.07.2019 passed by Additional Senior Civil judge, Dungarpur under Order XXXIX, Rule 1 and 2 CPC has been set aside.

(2.) A suit was filed by petitioner-plaintiff for declaration and permanent and mandatory injunction in relation to one Chauhan Hari Singh Sewa Sansthan Pith, District Dungarpur, inter alia, claiming declaration that defendant Nos. 1 to 3 have been duly expelled and, therefore, the meeting dated 25.05.2016 held by them was illegal, all the actions taken by defendants after 25.05.2016 be declared null and void and the said defendants be declared ineligible to work in any society. Alongwith the suit, an application seeking temporary injunction was also filed.

(3.) The trial court by its order dated 17.07.2019 came to the conclusion that in the meeting dated 24.04.2016 all the 15 members present unanimously expelled respondent Nos.1 to 3 from the membership and the said decision was confirmed in meeting dated 01.05.2016 and, therefore, the expulsion was legal and the defendants had no right to participate in the working of the institution.