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2012 Supreme(MP) 938

A.K.SHRIVASTAVA
Shri Dev Mahadevji Mandir, Rehli – Appellant
Versus
Rajesh Kumar – Respondent


Advocates Appeared:
For appellant :B.P.Sharma For respondent No.1: Priyank Choubey
For respondent No.2:Akhilesh Shukla, Deputy Government Advocate

JUDGMENT :

This is an appeal under section 27 of the M.P.Public Trusts Act, 1951 (In short "Act, 1951") has been filed by the Deity Shri Dev Mahadevji Mandir through trustee Kanchhedilal against the order dated 30-3-2009 passed by learned Additional District Judge, Rehli District Sagar in M.J.C.No.1/2008 and simultaneously also deciding M.J.C.No.2/2008.

2.In pursuance to the order dated 8-10-2007 passed by the Registrar under the Act, 1951 an application under section 26 was filed by Deity Shri Dev Mahadevji Mandir through trustee Kanchhedilal.Similarly another application which was registered as MJC No.2/2008 was filed by the Deity Shri Dev Mahadevji Mandir through Managing Trustee Rajesh Kumar for the appointment of trustee.Both the applications were clubbed and consolidated and by a common order learned Court below has disposed of both the applications and passed the following order :

3.The contention of Shri Sharma, learned counsel for appellant is that the judicial function to appoint new trustees should have been discharged by the Court itself and it should not have been directed to the Registrar to discharge this function.In this context learned counsel has invited my attention





















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