JUDGMENT :- This is an application against the omnibus order passed by the 7th Jt. Civil Judge (J.D.), Ahmednagar whereby the application (Exh.20) filed by the defendants No.1 to 3-trustees under Order 7, Rule 11 of the Code of Civil Procedure came to be rejected and the plaintiff's application (Exh.5) for temporary injunction came to be allowed, restraining the defendants from obstructing the plaintiff for performing the Puja and other rituals in respect of the deities and idols mentioned in paragraph 1 of the plaint, pending the suit.

2. The plaintiff-respondent No. 1 filed the suit for injunction against the defendants out of which the defendant No. 1 is the public trust registered under the Bombay Public Trust Act, 1950 and the defendants No.2 to 5 are trustees thereof. In the course of the suit, an application under Order 7, Rule 11 of the Civil Procedure Code came to be filed by the defendants taking objection for maintainability of the suit for want of permission of the Charity Commissioner before filing of the suit as contemplated under sections 50 and 51 of the B.P.T. Act. The plaintiff, on the other hand, filed application for temporary injunction against the defendants-t

Click Here to Read the rest of this document