- (1.) This civil miscellaneous appeal has been filed against the order dated 2-1-2014 whereby an application under Order 39 Rules 1&2 CPC filed by the applicant-plaintiff-appellant (hereinafter 'the applicant') in its suit for permanent injunction seeking status quo with regard to management of the applicant Trust prevailing as on 18-92013 has been dismissed.
(2.) Heard learned counsel for the parties and perused the impugned order dated 2-1-2014 passed by the trial court.
(3.) Briefly stated the facts of the case are that Krishna Gopal Ayurved Bhawan (Dharmarth Trust) (hereinafter 'the Trust') is a public trust. A meeting of the Board of Trustees was convened by the working Chairman Mr.P.K.Jain at Jaipur. Out of 9 agenda items in the meeting one pertained to the election of Chairman to fill up the vacancy caused by the death of erstwhile Chairman Vaidya Shri Daulatram Chaturvedi. It appears that agenda items 1 to 8 were duly considered and approved. However on agenda item No.9 pertaining to filling up the vacancy to the post of Chairman for remainder tenure owing to death of Vaidya Daultaram Chaturvedi objection was raised by one of the trustees stating that owing to a pending civil suit No.258/2013 before the District Judge Ajmer it would not be proper to hold the election for appointment of a Chairman. It was suggested that decision on agenda item 9 be postponed and the working Chairman/ managing trustee be allowed to officiate as working chairman in the interregnum. Also invoked was clause 12 (8) of the Trust Deed of the trust which relates to management of the trust and provides that a person shall inter alia cease to be a member of the Board of Trustees, if he willfully acts against his duties as a trustee as laid down in the Indian Trust Act. Other grounds for postponing the election of the chairman and deferring agenda item 9 were also proferred. Thus the election of Deen Bandhu Chaudhary, a trustee proposed to be chairman, was opposed. It appears that on the objections raised 4 of the 7 trustees present at the meeting on September 18, 2013, protested. The atmosphere is stated to have then become stressed. The case of the applicant is that to prevent the atmosphere becoming worse the meeting was sought to be adjourned by the working chairman Mr. P.K.Jain. The working chairman and two other trustees thereupon left the meeting.;