HANS CULTURAL CENTER Vs. KUNWAR SINGH CHAUHAN
HIGH COURT OF UTTARAKHAND
Hans Cultural Center
Kunwar Singh Chauhan,Lauri Mcfadyen
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B.S.VERMA, J. -
(1.) HEARD Sri Rajendra Dobhal, Senior Advocate, along with Sri
Arvind Vashist, Sri Sarwar Raza and Sri G.S. Negi, Advocate for the
appellant and Sri N.S. Pundir, Advocate for the respondents on stay
(2.) THIS appeal has been preferred against the judgment and order dated 1-11-2012 passed by Addl. District Judge, Tehri Garhwal in
O.S. No. 35/2012, Hans Cultural Centre vs. Kunwar Singh Chauhan
and another, whereby the application 7-C moved by plaintiff U/O 39
Rule 1 and 2 and Section 151 C.P.C. for granting temporary
injunction has been rejected.
The plaintiff-appellant has filed a suit for permanent injunction against the defendants for permanent injunction restraining the
defendants/respondents and their agents not to enter into the premises
of the School and not to interfere in the management of the school and
also not to damage the property of the school.
(3.) BOTH the respondents 1 and 2 were appointed as care-taker and principal by the plaintiff-society and the appointments were accepted
by these defendants. Thereafter when their services were terminated
then they started interfering in the management of the school.
According to the defendants they are running the school Garhwal 2
English Medium, through the society Garhwal Organization for
Upliftment of the needy, and the defendants are appointed as Manager
and principal by the Society and the school is being run at village
Sainji, whereas according to plaintiff they are running the school in
the name of 'Rajeshwari Karuna School. ' Plaintiff 's further case is
that the land was purchased by way of sale-deed in October, 2011 and
the property of the school belong to plaintiff-society and not to the
society of the defendants.;
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