Research › Search › Judgment

Uttarakhand High Court · body

2014 DIGILAW 383 (UTT)

Bal Brahmachari Misson Reg Society v. Ramkrishan

2014-09-16

SERVESH KUMAR GUPTA

body2014
JUDGMENT Servesh Kumar Gupta, J. Having heard learned Counsel of the parties to some extent, it transpires that the dispute pertains to the claim and counter-claim for the possession/management/control over the property which is in the shape of a society, namely, Bal Brahamchari Mission Reg. Society, Nirdhan Niketan, Kharkhari, Haridwar. Under Section 25 of the Societies Registration Act, Gyan Prakash Bhandari was found to be the Chairman and was enjoined to run and control the management of the property. Meanwhile, a suit was filed by Gurucharan claiming himself to be Secretary of the society. Cross-suit was filed by Rishi Ram Krishan. The injunction was denied to the either of the parties and the learned Civil Judge directed to appoint two Receivers for taking over the management of the society. Miscellaneous civil appeals were preferred against the aforesaid order, which were adjudicated by the Additional District Judge, Haridwar on 7.10.2010 setting aside the order of the appointment of Receivers and, at the same time, Mr. Gyan Prakash Bhandari and Mr. Gurucharan were restrained from interfering with the management and control of the society/property in question by Rishi Ram Krishan, whereagainst this writ petition has been filed. It is also pertinent to mention that the cross-suits are being proceeded in the Court of Civil Judge. It has been argued by the learned Counsel for the petitioner that on the strength of the order dated 7.10.2010 passed by the Additional District Judge, though the operation of the same was stayed by the order dated 29.10.2010 passed by this Court, the property in question was taken over forcibly under the management by Rishi Ram Krishan, who is abusing the same inasmuch as alienating the property of the society. Be that as it may, in order to protect the property of the society, with whomsoever in possession/control/management of said property is, he will not alienate or create any third party interest in any manner whatsoever on any part of the property owned or managed under the society. List up this writ petition along with connected matter for final hearing on 14th October 2014.