Suraj Prasad (Dead) Through L.Rs. ... vs Murli Shri Shankarji Maharaj ...
2023 Latest Caselaw 484 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       SA No. 644 of 2022
                             (SURAJ PRASAD (DEAD) THROUGH L.RS. SMT.NIDHI NAMDEO AND OTHERS Vs MURLI SHRI
                                  SHANKARJI MAHARAJ VIRAJMAN MAMDOR NAAG TALAB PATAN AND OTHERS)

                         Dated : 09-01-2023
                               Heard through Video Conferencing.

                               Mr. Anurag Tiwari - Advocate for the appellants.
                               Mr. H.S. Hora - Panel Lawyer for the State.
                               Mr. R.K. Namdeo - Advocate for the respondent no.4.

Record has been received.

Heard on the question of admission.

This appeal is admitted on the following substantial questions of law:-

(i) "Whether the findings recorded and direction given by the Registrar of Public Trusts, Jabalpur in its order dated 16.07.1958 (Ex.P/11) shall operate res judicata and the suit filed under Section 8 of the M.P. Public Trusts Act, 1951 by the plaintiffs is not maintainable on the principle of res judicata and estoppel ?

(ii) Whether the orders dated 29.03.1953 and 27.04.1984 of respondent no.7 shall operate res judicata ?

(iii) Whether the learned Ist appellate Court while allowing the appeal committed substantial error of law in ignoring to consider that the order dated 30.07.2001 (Ex.P/21) of respondent no.7 which, gave rise to filing of suit under Section 8 of the M.P. Public Trust Act, 1951 by the plaintiffs was not based on merits and without making any enquiry and recording evidence as contemplated under Section 5 of the M.P. Public Trust Act, 1951 as held by this Hon'ble Court in the matter of Badri Prasad Tiwari Vs. Statee of M.P. and others

Signature Not Verified Signed by: JULIE SINGH Signing time: 1/9/2023 6:38:03 PM

reported in 2022(1) MPLJ Page 420 and Shri Ram Mandir Trust Vs. State of M.P. Page 560 reported in 2011(2)MPLJ Page 560? If so, its affect?"

Issue notices to the respondents except respondent no.4 on payment of process fee within a period of seven working days by both modes for final hearing of this appeal.

Notices be made returnable within four weeks. Also heard on I.A. No.2545/2022, an application for stay. Issue notices to the respondents on payment of process fee within a period of seven working days by both modes.

Notices be made returnable within four weeks.

As an interim measure, operation of the impugned judgment and decree dated 24.01.2022 passed by 12th District Judge, District-Jabalpur (M.P.) in Regular Civil Appeal No.190/2016 shall remain stayed till the next date of hearing.

List this case after four weeks.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 1/9/2023 6:38:03 PM