B.P.Banerjee, J. - (1.) This is an appeal against the order dated 21st December, 1990 passed in Misc. Appeal No. 610 of 1889 passed by Sri S. Chakraborty, Additional District Judge, 12th Court, Alipore by which the appellant who was respondent No. 3 therein was directed to maintain status quo till the hearing of the Misc. Appeal and the appellant was further directed not to proceed with the special meeting of the Governing body scheduled to be held on 28th December, 1990 until further orders.
(2.) The facts of this case, in short, relevant for the purpose of this appeal are as follows: - The Sree Chaitanya Gaudiya Math (hereinafter referred to as the said Math) is a Society under the Registration of Societies Act having its registered office at 35, Satish Mukherjee Road, Calcutta. There are Rules and Regulations for the management of the said Math and the appellant is the President Acharya of the Governing Body. The Governing body of the said Math on the basis certain allegations decided to hold a meeting of the Governing body for anti-math action against respondent No. 1 Bhakti Lalit Giri Maharaj and respondent No. 2 Bhakti Hridya Mangal Maharaj alias Mangal Niloy Brahmachari on 23rd July, 1989. At that point of time the plaintiff respondent Nos. 1 and 2 lodged a complaint against the President of the said Math before the Registrar of Societies. West Bengal and on 6th July, 1989 the Additional Registrar of Societies, West Bengal passed an order under section 17 of the West Bengal Societies Registration Act directing that status quo would be maintained by both the sides and the extraordinary General Meeting called by the requisitionists on 23rd July, 1989 should be kept in abeyance. Against the order under section 17 of the Societies Registration some of the members and the devotees of the Math moved an application under Article 226 of the Constitution of India before this Court whereupon S. C. Sen, J. by an order passed in C.O. 8288(W) of 1989, directed that the meeting scheduled to be held on 23rd July, 1989 should be held but the resolution might be passed would not be communicated and/or enforced in any way and should remain in abeyance until further order from this Court. On the date fixed an Extraordinary General Meeting was held and a resolution was passed, inter alia, that the respondent No. 1 be transferred to some other math and the respondent No. 2 be expelled from the Math. The said Civil Order ultimately came up for hearing before A. M. Bhattacharya, J., on 25th August, 1989 and His Lordship was pleased to dispose of the said Civil Order directing the interim order dated 20th July, 1989 to continue for another two months to enable the parties to initiate appropriate proceedings, if any, before the appropriate form. The respondent Nos. 1 and 2 in the meantime filed a Title Suit No. 423 of 1989 in the 3rd Court of Munsif at Alipore praying for a declaration that the notice dated 30th June, 1989 for convening the requisition meeting on 23rd July, 1989 was illegal, inoperative and invalid in law. Further prayer was made for a decree for declaration that resolution, if any, taken. on the meeting on 23rd July, 1989 for ousting the plaintiff from the said Math was illegal, unlawful and inoperative and could not be given effect to. Before filing of the suit an appeal was preferred in this Court against the order passed in the Civil Order on 25th August, 1989 and a Division Bench of this Court presided over by the learned Chief Justice disposed of the said appeal being F.M.A.T. No. 2689 of 1989 hereby their Lordships recorded the fact that in view of the filing of the suit by the plaintiffs respondents 1 and 2, the order passed by the Additional Registrar of Societies has been nullified by reason of the interim order that was passed by the trial Court. Accordingly Their Lordships were pleased to record dismissal of the appeal and vacated all interim orders in that appeal. In, the Title Suit No. 423 of 1989 the learned Munsif refused to pass any ad interim injunction but directed expeditious hearing of the matter on notice to the defendant/appellant and others. Being aggrieved and dissatisfied with the order passed by the learned Munsif refusing to grant any ad interim order of injunction during the pendency of the injunction petition an appeal was preferred before the learned District Judge, Alipore being Misc. Appeal No. 610 of 1989 and the learned District Judge by the order dated 28th September, 1989 directed as follows: "I hereby direct that the appellants shall remain stay in the Math but they shall not participate in any deed or act or function of the Math until further order". This order was passed after hearing both parties and on consideration of the facts and circumstances of the case it appears that the plaintiff opposite parties did not feel themselves aggrieved by this order and did not challenge the said order passed by the learned District Judge dated 28th September, 1989 before my other higher forum.
(3.) The suit is pending and the injunction matter before the learned Munsif is also pending. The appeal against refusal to grant ex parte ad interim injunction is also pending. During the pendency of the said proceedings, vacancy had arisen in the Governing Body due to demise of one of the members and due to retirement of two members and such vacancies were required to be filled up under the Rules of the Math after election and reelection and for the purpose of filling up of those vacancies in accordance with the Rules the Governing Body convened a special meeting under Rule 12(a) read with Rule 15 of the said Math to be held on 28th September, 1990. The said meeting was convened by the President Acharya of the said Math. Immediately after issuance of the said notice of the President Acharya for convening the special meeting for the purpose of election and re-election as stated above the plaintiff respondents filed two application for injunction under section 151 of the Code of Civil Procedure with a prayer for an interim order upon the appellants to maintain status quo till the Misc. appeal No. 610 of 1989 is disposed of. The Misc. appeal in which application were filed was transferred from the learned District Judge to the learned Additional District Judge for disposal whereupon the learned Additional District Judge by the order dated 21st December, 1990 passed an order directing the appellant who was respondent No. 3 therein for maintaining statue quo till the hearing of the Misc. case and the appellant was further directed not to proceed with the special meeting of the Governing Body scheduled to be held on 28th December, 1990. The order passed by the learned Additional District Judge on 21st December, 1990 is the subject matter of this appeal.;