Mr. Prashant Agarwal, J. - (1.) By way of this order following four applications are being decided:- (1) Application dated 23.4.2016 (Inward No. 10367) under Section 151 CPC filed by respondent No. 3-Mahaveer Jaipuria Medical Foundation Trust with a prayer to restore possession of the suit property to it. Reply to the application has been filed by the appellants on 19.5.2016. (2) Application dated 19.5.2016 (Inward No. 12895) under Section 151 CPC filed by the appellants for withdrawal of the present appeal as well as civil suit out of which the appeal has arisen. Reply to this application has been filed by respondent No. 3 on 31.5.2016. (3) Application dated 24.5.2016 (Inward No. 13220) under Order 41, Rule 27 read with Section 151 CPC filed by respondent No. 3 for production of additional documents in support of application for restoration of possession. (4) Application dated 01.06.2016 (Inward No. 14078) under Order 41, Rule 27 read with Section 151 CPC filed by respondent No. 3 for production of some more additional documents in support of application for restoration of possession. All these applications have been filed in the present appeal whereby the plaintiff-appellants have challenged the judgment and decree dated 24.2.2015 passed by the Additional District Judge No. 19, Sanganer, Jaipur Metropolitan, Jaipur in Civil Suit No. 447/2013 whereby the learned trial Court allowed the application under Order 7, Rule 11 CPC filed by respondent-defendant-Dr. G.L. Purohit and dismissed the suit filed by the appellants for declaration, permanent injunction and mandatory injunction.
(2.) Brief relevant facts for the disposal of these applications may be stated as below:- (i) With the sanction dated 8.12.1989 of State of Rajasthan, land measuring five acres comprising in Khasra No. 527 and 528 was leased-out for a period of 99 years for establishment of super speciality hospital by Mahaveer Jaipuria Medical Foundation Trust (respondent No. 3-herein) in favour of appellant-M/s Rajasthan Hospitals Ltd. (registered company) and in this regard a registered sub-lease-deed dated 25.6.1992 was also executed between the parties and possession of the land was handed over to appellant-Rajasthan Hospitals Ltd. (ii) The said hospital could not be established and made functional by the appellant-company by one reason or the other although maps for construction were approved by the Jaipur Development Authority and some amount of money was also invested. (iii) Respondent No. 3 Mahaveer Jaipuria Medical Foundation Trust and others filed Civil Suit No. 10/2015 (Old No. 125/1999) for cancellation of the said sub-lease on 15.1.1999 against appellant M/s Rajasthan Hospitals Ltd. on the ground that hospital has not been established within the stipulated period. Directors of the appellant-company including Dr. G.L. Purohit were also made party-defendant in that suit. (iv) Appellant-Dr. S.S. Agarwal and others filed a Company Petition No. 53/2008 before Company Law Board which was allowed vide order dated 26.8.2013 and respondent Dr. G.L. Purohit was removed as director of the appellant-company. (v) Against the order dated 26.8.2013, S.B.Company Appeal No. 12/2013 was filed in the Rajasthan High Court by the appellant-Rajasthan Hospitals Ltd. and respondent Dr. G.L. Purohit and in this appeal during the course of hearing an application for withdrawal of the appeal was filed and the same was decided by a learned Single Bench vide order dated 29.6.2015 and appellant-M/s Rajasthan Hospitals Ltd. was ordered to be transposed as respondent from the array of appellant in the said company appeal. (vi) Respondent-Dr. G.L. Purohit was removed as director of the appellant-company by a resolution dated 30.9.2013 of Board of Directors and his power of attorney was also withdrawn in a meeting held on 21.10.2013 of the Board of Directors of the appellant-company. (vii) Civil Suit No. 447/2013 was filed on 27.11.2013 by the present appellants against respondents for declaration, permanent injunction and mandatory injunction in the Court below. On the basis of application under Order 7, Rule 11 CPC filed by respondent-defendant-Dr. G.L. Purohit, vide order dated 24.2.2015 suit was dismissed against which present first appeal has been filed. (viii) A demand for Urban Development and House Tax was made against the appellant-company by Jaipur Municipal Corporation and the suit property was sealed by it on 9.5.2014 on account of non-payment of aforesaid taxes. (ix) Respondent No. 3-Mahaveer Jaipuria Medical Foundation Trust challenged the demand notice dated 21.4.2014 and attachment order dated 9.5.2014 issued by the Jaipur Municipal Corporation by way of S.B.Civil Writ Petition No. 6489/2014 before this Court but the same was dismissed by a learned Single Bench vide order dated 18.2.2016 on the ground that respondent No. 3-Mahaveer Jaipuria Medical Foundation Trust is not an aggrieved person. It was also observed by learned Single Bench that appellant-company is in lawful possession of the suit property. (x) An amount of Rs. 44,93,554/- was deposited by the appellant-Dr. S.S. Agarwal as director of the appellant-company i.e. Rajasthan Hospitals Ltd. as Urban Development Tax on 28.3.2016 in Jaipur Municipal Corporation for the period 2007-2016. Similarly, an amount of Rs. 1,56,132/- was also deposited by Dr. S.S. Agarwal on 28.3.2016 as House Tax for the period 2003-2007. (xi) In Civil Suit No. 10/2015 (Old No. 125/1999), an application under Order 23, Rule 3 CPC came to be filed with the averment that the parties have settled their dispute and they have entered into compromise and it was prayed that the compromise may be taken on record and it may be attested and the aforesaid suit may be decreed in favour of respondent No. 3-Mahaveer Jaipuria Medical Foundation Trust. Appellant-Dr. S.S. Agarwal also filed an application under Order 1, Rule 10 read with Order 22, Rule 10 CPC in the aforesaid suit with a prayer that he may be substituted as defendant in place of Dr. G.L. Purohit. Learned Additional District Judge No. 14, Jaipur Metropolitan, Jaipur vide order dated 7.12.2015 refused to accept and verify the compromise by observing that it is not legal and bona fide and it has been entered into by defendant-Dr. G.L. Purohit without any legal authority. This contention of Mahaveer Jaipuria Medical Foundation Trust was also not accepted by the Court that possession of the suit property has been handed over to it. By the same order learned Additional District Judge allowed application filed by Dr. S.S. Agarwal under Order 1, Rule 10 read with Order 22, Rule 10 CPC and he was ordered to be substituted as defendant in the aforesaid suit in place of Dr. G.L. Purohit. (xii) Order dated 7.12.2015 passed by Additional District Judge No. 14, Jaipur Metropolitan, Jaipur in Civil Suit No. 10/2015 (Old No. 125/1999) has been challenged by Mahaveer Jaipuria Medical Foundation Trust and others before Rajasthan High Court in S.B. Civil Revision Petition No. 44/2016. It is an admitted position that no stay order has been passed in the revision petition. (xiii) In this appeal vide order dated 01.04.2015 status quo in respect of possession of suit property was passed and it was extended vide order dated 9.4.2015. (xiv) Amended plaint has been filed by Mahaveer Jaipuria Medical Foundation Trust on 25.3.2016 in Civil Suit No. 10/2015 (Old No. 125/1999) with a prayer that M/s Rajasthan Hospitals Ltd. may be removed from the possession of the suit property and possession of the same may be restored to the trust. (xv) After aforesaid Urban Development and House Tax was deposited by the appellant-company in Jaipur Municipal Corporation, a letter dated 11.4.2016 was issued by the Corporation, stating therein that the seal over the suit property has been removed and possession of it has been handed over to the appellant-company through its present Director/Chairman. (xvi) Observation regarding lawful possession of the suit property with appellant-Rajasthan Hospitals Ltd. made in S.B.Civil Writ Petition No. 6489/2014 vide order dated 18.2.2016 was challenged by Mahaveer Jaipuria Medical Foundation Trust in D.B.Civil Appeal No. 494/2016 but the same was dismissed vide order dated 25.3.2016 but liberty was granted to the respondent to file appropriate application about clarification of order dated 18.2.2016. In pursuance of the liberty so given, requisite application has already been filed, but it is still pending. During the course of appeal aforesaid four applications came to be filed, which are being considered and decided by this common order: Application dated 24.5.2016 (Inward No. 13220)
(3.) By way of this application respondent No. 3 has prayed for production of some additional documents in support of application for restoration of possession of suit property to it.;