Vandanda Kasrekar, J.

The petitioner has filed the present petition under Article 227 of the Constitution of India challenging the order dated 03.05.2016 passed by the II Additional District Judge, Anuppur in Civil Suit No. 4-A/2016 thereby rejecting the application filed by the petitioner under Section 10 of the Civil Procedure Code.

2. The respondent/plaintiff had filed a civil suit before the Court of 2nd Additional District Judge, Anuppur challenging the order dated 04.12.2015 whereby application preferred by the respondent No. 1 under Public Trust Act for changing the office bearer of trust after the death of Principal Trustee/Foundation Trustee Swami Gopalnandji has been rejected. The said civil suit was filed on the ground that the present petitioner was appointed as Principal Trustee of the Shiv Gopal Charitable Trust, Amarkantak. Thereafter, possession of trust property was given to the petitioner. The trust Shri Shivgopal Dharmarth Trust, Amarkantak is registered as Public Trust vide order dated 28.11.2007 and Swami Gopalnandji was appointed as Principal Trustee/Foundation Trustee of the said trust. Swami Gopalnandji died on 24.05.2015 and after the death of Swami Go