JUDGMENT :

1. The present first appeal has been preferred against the judgment and decree dated 10.08.2023 passed by the Family Court, Churu in Civil Suit No.24/2017 (300/2009) (77/2009) whereby while allowing the application as preferred by the defendants, the suit as preferred by the plaintiff has been dismissed.

2. The relevant facts are that a suit was instituted by the plaintiff Trust for cancellation of the sale deed dated 08.04.2009 and for perpetual injunction. In the written statement, a plea was taken by the defendants that the suit is not maintainable as the plaintiff Trust is not registered. In view of the said plea, issue No.7 as framed was decided as a preliminary issue vide order dated 15.12.2022.

3. Issue No.7 as framed was as under:

^^D;k VªLV ifCyd VªLV gS] blfy, oknh VªLV ds }kjk fcuk nsoLFkku foHkkx esa VªLV jftLVMZ djok;s nkok ykus dk vf/kdkj ugha gS\^^

Vide order dated 15.12.2022, the Court decided the said issue in favour of the plaintiff Trust with a finding that the plaintiff Trust is a Public Trust and is entitled to institute a suit even being unregistered. However, in view of the ratio laid down by the Hon'ble Apex Court in Public Trust Shri Geeta Satsang Bh