JUDGMENT : Rekha Borana, J. 1. All the present appeals arise out of the Order dated 11.08.2023 and therefore, they have been heard together and are being disposed of by this common Order. 2. The facts of the leading appeal being S.B. Civil Misc. Appeal No. 1372/2023 are being taken into consideration. 3. The present appeal has been preferred by defendant No. 1 Marwar Muslim Education and Welfare Society (hereinafter referred to as 'the Society') aggrieved of the order dated 11.08.2023 passed by the Additional District Judge No. 7, Jodhpur Metropolitan in Civil Misc. Case No. 11/2022 (NCV No. 18/2022), whereby an application under Order 39 Rules 1 & 2 read with section 151 of the Code of Civil Procedure (CPC) as preferred by the plaintiffs has been allowed. 4. Vide the order impugned, the learned trial Court ordered as under. 5. The complete dispute in the present matter is regarding an amendment introduced in the bye-laws of the Society in the year 2020. The proposal for the said amendment is alleged to have been made on 02.02.2020 which was allegedly approved by the General House on 01.03.2020 and further again by the General House on 15.08.2020. After the said amendment having been introduced, election of the Society was conducted on 01.08.2021 and after the declaration of the result of the said elections, the new Governing Council was constituted who took the charge and even worked for 5 months. 6. The suit in question was preferred on 01.01.2022 challenging the alleged amendment of year 2020 and further the complete election process conducted after the said amendment having been introduced. 7. Plaintiffs No. 1 to 8 are the persons who contested the elections but lost. 6. The suit in question was preferred on 01.01.2022 challenging the alleged amendment of year 2020 and further the complete election process conducted after the said amendment having been introduced. 7. Plaintiffs No. 1 to 8 are the persons who contested the elections but lost. Defendant No. 1 is the Society ; defendants No. 2 to 5 are ex officio members i.e. the office bearers of the last governing council who by virtue of the bye-laws, became the ex officio members ; Defendants No. 6 to 10 are the elected members who are supporting the cause of the plaintiffs ; Defendants No. 11 to 25 are the elected members and the contesting defendants ; Defendants No. 26 to 30 are the Patron members of the Society ; Defendant No. 31 is the Election Officer ; Defendants No. 32 & 33 are the Government Authorities ; Defendants No. 34 to 39 & 41 are the nominated members of the Society and Defendant No. 40 is also the Government Authority. 8. An application for impleadment in the present appeal has also been preferred by 64 life members of the Society. 9. The matter was argued at length by all the counsels and ultimately they jointly submitted that the appeals as well as the suit itself be disposed of in terms of the conditions as agreed into between them. 10. The conditions as agreed between all the parties are as follows: (i) The alleged amendment introduced in the bye-laws proposed in the meetings of the Governing Council on 01.03.2020 and 15.08.2020 be declared to be void and ineffective. (ii) The present Governing Council constituted after the elections conducted on 01.08.2021, be dissolved and fresh elections be directed to be conducted. (iii) Fresh elections for Governing Council be directed to be conducted and completed within a period of two months and an independent Election Officer be appointed by this Court to conduct the same. (iv) The Receiver as appointed by the learned trial Court vide the order impugned, be directed to continue till the fresh elections are conducted and the new Governing Council is constituted. (v) The Receiver be directed to handover the complete charge to the newly elected Governing Council soon after its formation. (iv) The Receiver as appointed by the learned trial Court vide the order impugned, be directed to continue till the fresh elections are conducted and the new Governing Council is constituted. (v) The Receiver be directed to handover the complete charge to the newly elected Governing Council soon after its formation. (vi) The Receiver be directed to function strictly in accordance with the bye-laws governing the Society and in its limited jurisdiction just to maintain the daily affairs of the Society. It be directed that the Receiver shall not be entitled to take any policy decision pertaining to the Society. (vii) It be directed that the Receiver shall function totally and strictly in supervision of Patron members of the Society. (viii) It be held that defendants No. 2 to 5 would be entitled to contest the elections in terms of the Rules prevailing prior to the amendment introduced in year 2020. If the said Rules hold them entitled to contest the elections, then only they be permitted. (ix) Direction No. 5/Relief No. 5 as granted by the learned trial Court pertaining to the direction issued to the Principal Secretary, Higher Education, State of Rajasthan to conduct an audit of the Society of the last five financial years, be set aside. (x) It be observed that defendants No. 16 to 20 i.e. the present elected candidates would be under a liberty to move an application to the newly elected/constituted Governing Council to conduct audit of the Society. The Governing Council shall pass appropriate orders/act upon the said application/request strictly in accordance with law. 11. In view of the specific terms of agreement having arrived into between all the parties, all the appeals as well as the suit itself are disposed of with the following directions: (i) The alleged amendment introduced in the bye-laws (proposed in the meeting of the Governing Council on 02.02.2020 and in the meetings of the General Council on 01.03.2020 and 15.08.2020) is declared void and ineffective. (ii) The present Governing Council constituted/formed in pursuance to the elections conducted on 01.08.2021, is dissolved and fresh election is directed to be conducted. (iii) The Collector, Jodhpur is directed to appoint an independent and impartial Election Officer within a period of one week of an application been filed for the said purpose by any of the Patron Members of the Society. (iii) The Collector, Jodhpur is directed to appoint an independent and impartial Election Officer within a period of one week of an application been filed for the said purpose by any of the Patron Members of the Society. (iv) The Election Officer so appointed shall get the election conducted strictly in accordance with the Bye-Laws of the Society and complete the process within a period of two months of his appointment. (v) The Receiver as appointed by the learned trial Court vide the order impugned is directed to continue till the fresh elections are conducted and the new Governing Council is elected/constituted. (vi) The Receiver shall handover the complete charge to the newly elected/constituted Governing Council soon after its formation. (vii) The Receiver is directed to function strictly in accordance with the bye-laws governing the Society with a limited purpose to maintain the daily affairs of the Society. It is made clear that the Receiver shall not be entitled to take any policy decision pertaining to the Society. (viii) It is directed that the Receiver shall function strictly in supervision of Patron members of the Society. (ix) It is held that defendants No. 2 to 5 would be entitled to contest the election if the Rules prevailing prior to the amendment introduced in year 2020 hold them eligible for the same. (x) Direction No. 5/Relief No. 5 as granted by the learned trial Court pertaining to the direction issued to the Principal Secretary, Higher Education, State of Rajasthan to conduct an audit of the Society of the last five financial years, is set aside. (xi) It is observed that defendants No. 16 to 20 i.e. the present elected candidates, would be under a liberty to move an application before the newly elected/constituted Governing Council to conduct an audit of the accounts of the Society. The Governing Council shall pass appropriate orders/act upon the said application/request strictly in terms of law. 12. The applications (no. 1/2023 and 2/2023) for impleadment of the applicants therein as party respondents need no consideration now and hence, are disposed of. 13. Stay applications and all other pending applications stand disposed of. 14. Civil Suit No. 10/2022 pending before the Court of Additional District Judge No. 7, Jodhpur Metropolitan also stands disposed of.