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2008 Supreme(MP) 1142

INDRANI DATTA, SUBHASH SAMVATSAR
Ram Babu Vaishya (d) through LRs – Appellant
Versus
Scindia Kanya Vidyalaya – Respondent


Advocates:
K.S. Tomar with K.S. Kaurav for appellants;
A.K. Chitley with Ankur Mody for respondent No.1;
Vivek Khedkar, Government Advocate for respondent No.2-State.

JUDGMENT

Samvatsar, J. -- 1. This first appeal is filed by defendants No.1 and 2 being aggrieved by the judgment and decree dated 20th December, 2005 delivered by Special Judge (Atrocities) and First Additional District Judge to the Court of District Judge, Gwalior in Civil Suit No.22-A/03 by which the learned trial Court has decreed the suit filed by plaintiff respondent No.1 Scindiya Kanya Vidyalaya Society for declaration of title and injunction.

2. Facts of the case, briefly stated, are that the plaintiff Scindiya Kanya Vidyalaya society is a society registered under the United State of Gwalior, Indore and Malwa (Madhya Bharat) Societies Act, 1950 having its registration at No.306/56 dated 1.8.1956 having its registered office at Motimahal Road, Gwalior. Said society is imparting education to the students upto 12th standard and nearly 750 students are studying in the said institution.

3. Present suit is filed by one Shrimati Suniti Sharma on behalf of the said society, being Secretary to the society and the Principal of the said school. A resolution authorising Shrimati Suniti Sharma to file suit was passed by the governing body of the society on 6.3.2002.

4. As per the plaint



















































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