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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Kaushalendra Prapannacharya S/o Late Shri Shriniwasacharya Ji – Appellant
Versus
(Deleted) Shri Ramkishan Jajodiya – Respondent
JUDGMENT :
Per Goutam Bhaduri, J.
Heard.
1. The instant appeal has been filed against the judgment and decree dated 24/07/2017 passed by the Additional District Judge, Bilaspur in Civil Suit No.182 A/2008 whereby the appellant has been non-suited by invoking the provisions under Section 92 of the Civil Procedure Code, 1908.
2. (A) The brief facts of this case are that a declaratory suit for declaration and injunction was filed by Shrinivasacharyaji and Badrinarayan Tripathi. The pleading of the plaintiff shows that in the year 1935 Late Swami Ram Prappannacharya, who was devotee of Lord Vishnu, purchased a land at Juni Line, Bilaspur. Subsequently, a temple was constructed in the year 1941 and Idol of Lord Vyankatesh was religiously installed on 10th May, 1945. Late Swami Ramprapannacharya Ji had two followers devotee namely Late Shri Radhakrishna Gadodiya and Late Shri Laxminarayan Agrawal. Shrinathmal Gadodiya who was the adopted son of his brother Shri Sitaram Gadodiya and second son was Madhav Hari. Radhakrishna Gadodiya and Nathmal Gadodiya purchased the adjacent land in the year 1945-46 to the southern part of the temple. Late Ramprapannacharya had one son namely Nrasinghacharya
The main legal point established in the judgment is that the application of Section 92 CPC is limited to protecting public trusts of a charitable or religious nature and does not apply to disputes ov....
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
A suit under Section 92 of the CPC can only be filed against a trust and not by a trust itself; claims that are personal in nature do not qualify for relief under this section.
A suit under Section 92 of CPC must serve public interest and establish breach of trust; claims of personal grievances cannot sustain such suits.
The main legal point established in the judgment is the requirement to file an application under Section 92 C.P.C. for managing public trusts involving public charity, and the necessity to implead th....
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