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2015 DIGILAW 1502 (BOM)

Vijaykumar Ramratanlal Jaiswal v. Joshi Trust

2015-07-08

A.P.BHANGALE

body2015
JUDGMENT : 1. Heard. 2. Admit. 3. Mr.Rohit Joshi, learned Counsel waives service on behalf of respondent nos. 1 and 3 to 10. 4. The appellants are aggrieved by the detailed reasoned order refusing to grant interim injunction by the learned trial Judge i.e. 4th Joint Civil Judge (Sr.Dn.), Amravati in Special Civil Suit No.153 of 2008. The learned trial Judge held that the plaintiffs failed to prove prima facie case and also balance of convenience was not found in favour of the plaintiffs. According to the learned trial Judge, the plaintiffs will not suffer irreparable loss even if temporary injunction is not granted in favour of the plaintiffs. It appears that it is a dispute relating to property of public trust for sale of which, permission is required from the Charity Commissioner. Temporary injunction was sought against public trust in respect of alleged agreement of sale by trustees on behalf of public trust. It is a suit for specific performance of contract, dt.7.10.2002 and the plaintiffs had sought interim relief in terms of injunction to restrain the defendants from transferring the suit property pending hearing and disposal of the suit. It appears that the controversy between the parties has a long checkered history as agreement to sell as alleged was entered into on 5th December, 1998. Thereafter, it is contended that supplementary agreement was also entered into on 7.10.2002 and substantial sum of consideration is already paid. Needless to state that since it is property belonging to a public trust, the statutory formalities, as required under the Maharashtra Public Trust Act regarding requirement of prior permission of the Charity Commissioner to execute the sale deed of the property belonging to public trust, is necessary. At this stage, without examining deeper merits of the impugned order rejecting the interim relief as prayed for in the application (Exh.38), it will suffice to preserve the suit property if it is directed that, till disposal of the suit, defendants should not alienate the suit property in favour of the third party and if the learned trial Judge is directed to decide the suit expeditiously as early as possible since the suit is relating to the property belonging to the public trust and the dispute is pending since long between the parties. Suit is, therefore, expedited. Parties to cooperate with the learned trial Judge for early disposal of the suit. Suit is, therefore, expedited. Parties to cooperate with the learned trial Judge for early disposal of the suit. In view of the above observations and directions, the appeal is disposed of.