Shri Narsingh Mandir Sarvajanik ... vs State Of M.P. Through Collector ...
2023 Latest Caselaw 4190 MP

                                         1
          IN    THE      HIGH COURT OF MADHYA PRADESH
                               AT INDORE
                                   BEFORE
                   HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                             ON THE 16 th OF MARCH, 2023
                             MISC. APPEAL No. 155 of 2021

         BETWEEN:-
         1.    SHRI NARSINGH MANDIR SARVAJANIK NYAS,
               THROUGH PRESIDENT SHRI RADHESHYAM S/O.
               GOPILAL VIJAYVARGIYA,
               AGE- 90 YEARS, OCCUPATION - NIL,
               R/O. MANASA TEHSIL MANASA
               DISTRICT NEEMUCH, (M.P.)

         2.    SHRI NARSINGH MANDIR SARVAJANIK NYAS,
               THROUGH MR. CHANDRASHEKHAR
               S/O.KANHAIYALAL JI SONI,
               AGE-52 YEARS, OCCUPATION- BUSINESS,
               R/O. MANASA, TEHSIL MANASA,
               DISTRICT NEEMUCH, (M.P.)

                                                                  .....APPELLANTS
         (SHRI SATISH JAIN, LEARNED COUNSEL FOR THE APPELLANTS)

         AND
         1.    STATE OF M.P. THROUGH
               COLLECTOR NEEMUCH
               COLLECTORATE OFFICE NEEMUCH
               DIST.:NEEMUCH, (MADHYA PRADESH)

         2.    SUB DIVISIONAL OFFICER
               COLLECTORATE OFFICE
               TEHSIL MANASA, DIST.:NEEMUCH,
               (MADHYA PRADESH)

         3.    TEHSILDAR OFFICE,
               MANASA, DIST.:NEEMUCH
               (MADHYA PRADESH)

         4.             SHRI GOVIND S/O RADHESHYAM JI UPADHAYA,
Signature Not VerifiedAGED ABOUT 35 YEARS,
Signed by: SUMATHI      OCCUPATION: SERVICE NARSINGH MANDIR
Signing time: 3/17/2023 PARISAR
JAGADEESAN
11:38:25 AM             R/O. MANASA, TEHSIL MANASA,
                                                        2
                          DISTRICT NEEMUCH (M.P.)

                                                                                 .....RESPONDENTS
                (SHRI HITENDRA TRIPATHI , LEARNED DY. GOVT. ADVOCATE FOR THE
                RESPONDENT / STATE.)
                (SHRI RISHIRAJ TRIVEDI, LEARNED COUNSEL FOR THE RESPONDENT
                [R-4].)

                          Th is appeal coming on for hearing this day, t h e court passed the
               following:
                                                      JUDGMENT

Heard finally, with the consent of the parties.

2) This miscellaneous appeal has been preferred by the appellants, a public trust, under Order 43 Rule 1 r/w. S.151 of CPC against the order dated 27.01.2020, passed by Fourth Additional District Judge, Neemuch in Civil Suit

No.10-A of 2019 whereby, the appellants/plaintiffs' application filed under Order 39 Rule 1 and 2 of CPC has been rejected.

3) In brief the facts of the case are that the appellants have filed a civil suit for declaration and injunction along with an application for temporary injunction. The application for temporary injunction was rejected against which the present appeal has been preferred.

4) Although the counsel for the appellant has vehemently argued in favour of the appellants, however, considering the fact, as informed by the parties, that the case itself is at fag end before the trial Court and only final arguments are to be advanced by the parties, this Court does not find it to be appropriate to pass any order at this stage, as the parties would be governed by the decree passed by the trial Court.

5) In view of the same the appeal is disposed off. Needless to say Signature Not Verified that the parties would be governed by the decree passed by the trial Court. The Signed by: SUMATHI JAGADEESAN trial Court is also requested not to be influenced by the order passed by this Signing time: 3/17/2023 11:38:25 AM

Court or the order passed while deciding the appellant's application under Order 39 Rule 1 and 2 of CPC.

Accordingly, M.A. No.155/2021 stands disposed off.

(SUBODH ABHYANKAR) JUDGE sumathi

Signature Not Verified Signed by: SUMATHI JAGADEESAN Signing time: 3/17/2023 11:38:25 AM