- (1.) Heard Shri Punit Kumar Gupta, learned counsel for the appellant, Shri Madhu Shankar Agarwal, respondent no.2 appearing in person and Shri Arvind Kumar Tiwari, Advocate on behalf of respondent no. 5.
(2.) Vinod Kumar Upadhyay, who claims to be the Secretary of the Hari Eye Hospital Trust, Hathras (herein after referred to as the 'Trust'), has filed this appeal on behalf of the Trust against the order dated 02.11.2017 passed by the District Judge, Hathras in Misc. Civil Case No. NIL/2017 and Execution No. NIL of 2017 arising out of the order and decree dated 31.05.2010 passed in Original Case No. 1 of 2006 (Hari Eye Hospital Trust, Hathras and others v. Om sharma and another).
(3.) The plaintiff-respondents instituted Original Suit No. 1 of 2006 under Section 92 of C.P.C., in respect of the Trust. The aforesaid suit has been decreed vide judgment and decree dated 31.05.2010. The appellant-defendant has challenged the said judgment and decree by means of this appeal. A Division Bench of this Court passed following interim order on 10.06.2010 :-- "Admit.Issue notice for which steps to be taken.Let counter affidavit be filed within six weeks to which rejoinder affidavit, if any, be filed within four weeks.List in the 1st week of September, 2010.Until further orders of the Court, effect and operation of the impugned judgment and decree dated 31.05.2010, passed by the district judge, Hathras in Original Suit No. 1 of 2006, Hari Eye Hospital Trust, Hathras and others v. Om Sharma and another shall remain stayed and the recognized office bearers of the duly constituted Society shall manage the affairs of the Trust during pendency of the First Appeal.";