ACHARYA PARAMESHWARANANDA AVADHUTA Vs. ACHARYA VISHWADEVANANDA AVADHUTA
LAWS(CAL)-2011-5-61
HIGH COURT OF CALCUTTA
Decided on May 20,2011

ACHARYA PARAMESHWARANANDA AVADHUTA Appellant
VERSUS
ACHARYA VISHWADEVANANDA AVADHUTA Respondents

JUDGEMENT

- (1.) Challenge is to the order dated August 30, 2010 passed by the learned Additional District Judge, Fast Track Court - I, Purulia in Misc. Appeal No. 28 of 2008 thereby reversing the order of temporary injunction passed by the learned Civil Judge (Senior Division), Purulia, in Title Suit No. 138 of 2008.
(2.) This application has been filed by the Plaintiff. He filed a suit being Title Suit No. 138 of 2008 against the opposite parties before the learned Civil Judge (Senior Division), Purulia praying for the following reliefs: (a) A decree for declaration that the Defendant is not the legally elected Purodha Pramukha of Ananda Marga and he has got no legal right to declare himself as the Purodha Pramukha of Ananda Marga and to hold the office of Purodha Pramukha be passed in favour of the Plaintiff and against the Defendant. (b) A decree for permanent injunction restraining the Defendant from functioning as the Purodha Pramukha of Ananda Marga, be passed in favour of the Plaintiff and against the Defendant till he is legally elected as the Purodha Pramukha. (c) A decree for cost (d) Any other relief or reliefs which the Plaintiff would be found entitled to under the law of equity be also passed in favour of the Plaintiff and against the Defendant.
(3.) The Plaintiff/Petitioner herein has contended that he is a Purodha of Ananda Marga. He was elected as a Member of the Central Purodha Board of Ananda Marga on September 3, 2004 for a term of 5 years. There are rules and regulations for election of Purodha Pramukha, being the highest portfolio in the Organisation and such rules are contained in the Charya Charya Part-1, Chapter-40. The Plaintiff was quite dark about the appointment of Purodha Pramukha and he came to know such fact of appointment of the Defendant as Purodha Pramukha from the newspaper. He did not receive any notice about the election of Purodha Pramukha. Similarly, some other Purodhas were quite unaware of the election of Purodha Pramukha. So, the Plaintiff filed the said suit for declaration and permanent injunction as stated above.;


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