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1994 Supreme(MP) 362

P.P.NAOLEKAR, M.V.TAMASKAR, U.L.BHAT
Mahesh Chandra Choubey – Appellant
Versus
M. M. Dubey – Respondent


Advocates:
V.K. Tankha for appellant; Rajendra Tiwari,
R. Shrivastava and N.S. Kale with S.K. Dixit for respondents 1, 2 and 4.

ORDER

P.P. Naolekar, J. -- 1. Order in this appeal shall also govern disposal of LPA No.2 of 1993, Dinesh Kumar Dubey v. Krishna Kumar Das and two others, as the point for consideration is analogous.


2. The brief facts necessary as to how the question arose and the matter was referred to the Full Bench, are as follows: The respondent No.4 Pankaj Kumar Chhaterjee filed a suit for declaration and permanent injunction in the Court of the District Judge, Jabalpur, which was registered as Civil Suit No. 98A of 1991. The reliefs sought in the suit are:

(a) That the defendant No.1 (appellant), President of the Society, be restrained from functioning as President of the Society;

(b) That the defendant No.2 (respondent No.1) Shri M.M. Dubey, be restrained from functioning as Principal of the N.E.S. Law College and from interfering with the working of the college; and

(c) That the defendant No.3 (respondent No.2) Shri S.K. Tiwari, be restrained from functioning as Principal of the Naveen Vidhya Bhawan, Gorakhpur, Jabalpur.

The reliefs sought were based upon two paramount allegations, namely, (i) that the elections were held to the managing committee of the New Education Society (respondent No































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