Case Note & Summary
The dispute arose from a Civil Revision Application against a judgment and order passed by the Second Extra Assistant Judge, Mehsana, which allowed a Civil Misc. Appeal and quashed the trial court's order rejecting a temporary injunction application. The respondent, a public trust, sought to restrain the petitioners, who were poojaris, from interfering with their possession of certain parcels of land. The trial court had previously rejected the injunction application on 13th January, 1995. The appellate court found that the poojaris had rights to perform seva puja at the temple managed by the public trust, which was registered under the Bombay Public Trust Act. The appellate court noted that two properties were registered as belonging to the trust, with specific income shares allocated to the poojaris. The court directed that the original plaintiff cultivate the land and deposit the income in the trial court, from which the poojaris would receive their entitled share. The appellate court upheld its decision, allowing the Civil Revision Application partially and vacating the interim relief previously granted. The court emphasized the need for the plaintiff to act as Receiver of the Court until the suit's resolution, ensuring proper management of the land and income distribution.
Headnote
A) Public Trust Law - Injunction - Temporary Injunction Application - Civil Procedure Code, 1908, Order 39 - The trial court rejected the application for temporary injunction regarding land possession by the public trust. The appellate court allowed the appeal, directing the original plaintiff to cultivate the land and manage income distribution to poojaris as per the trust's stipulations. Held that the appellate court's order was justified in light of the trust's provisions (Paras 1-5).
Issue of Consideration
Whether the order of the lower appellate court regarding the injunction and land possession was justified.
Final Decision
The appellate court's order was upheld, and the Civil Revision Application was partially allowed. The original plaintiff was directed to cultivate the land and manage income distribution to poojaris as per the trust's stipulations.
Law Points
- Public Trust Law
- Injunction
- Receiver
- Bombay Public Trust Act
- 1950
