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2015 DIGILAW 418 (TRI)

RAMKRISHNA ASHRAM v. SUBAL CHANDRA BANIK

2015-06-24

DEEPAK GUPTA

body2015
JUDGMENT 1. This Civil Revision petition is directed against the order dated 05.03.2012 passed by the learned Civil Judge (Sr. Division), Udaipur in Title Suit 50 of 2009 between the plaintiff-petitioners and the defendant-respondents. 2. By the impugned order, the learned trial Court has refused permission to the plaintiff-petitioners to file certain documents and lead additional evidence. When this matter came up before me, I found that the dispute was between two rival factions, who both claiming control of the Sri Sri Ramkrishna Ashram, Udaipur, which is a Society registered under the Societies Registration Act, 1860. 3. In view of the fact that the parties were fighting for control of a Society which has a very laudable objective of spreading the message of Sri Ramkrishna. I was of the opinion that such a dispute between two factions of a religious body should preferably be settled outside the Court amicably between the parties. I therefore, directed the parties and their representatives to be present in Court. On 12.06.2015, a large number of persons both petitioners and defendants and their supporters were present in Court. After I had talked to them they agreed to the suggestion of the Court that if the Secretary Maharaj of the Ramkrrishna Mission intercedes in the matter and acts as an umpire both the parties will accept whatever decision he gives without any objections. 4. In the mean time, this Court had contacted the Secretary Maharaj of the Ramkrishna Ashram at Vivek Nagar. The Secretary Maharaj very graciously agreed to intercede in the matter and stated that in case the parties agree to accept his word as the final word then he will entertain the dispute and decide the same to the best of his knowledge and ability. In this view of the matter not only this revision petition, but even the Civil Suit can be disposed of. 5. Accordingly, the dispute between the parties is referred to the Secretary Maharaj, Ramkrishna Mission of Viveknagar, PO & PS – Amtali, Agartala, West Tripura, Pin – 799130, who will act as an umpire. He shall hear the parties before dealing with the matter. His decision shall be final and binding on the parties. 6. The plaintiffs Suit is disposed of with the direction that all claims raised in the dispute are referred to the decision of the Secretary Maharaj. He shall hear the parties before dealing with the matter. His decision shall be final and binding on the parties. 6. The plaintiffs Suit is disposed of with the direction that all claims raised in the dispute are referred to the decision of the Secretary Maharaj. The learned trial Court shall dispose of the suit in the light of this judgment. 7. The parties may file copies of the pleadings which have been filed before the trial Court before the Secretary Maharaj. It is left to the Secretary Maharaj to decide whether he wants to record any evidence oral or documentary, but he shall after considering all the documents filed by the parties and after hearing them decide the matter and any decision given by the Secretary Maharaj will be binding upon all the parties and no objection against the same shall be entertained by any Court including this Court. 8. Send down the LCRs forthwith.