Date of Judgment & Order :- 25.04.2025.

JUDGEMENT & ORDER Heard Mr. K.K. Mahanta, learned Senior Counsel assisted by Mr.

K. M. Mahanta, learned counsel for the petitioners and Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N. Gautam, learned counsel for the respondents.

2. This civil revision petition, under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure (C.P.C.), is directed against the order, dated 03.03.2025, passed by the learned Civil Judge (Senior Division), Nagaon in Misc. Appeal No. 24 of 2024.

3. It is to be noted here that vide impugned order, dated 03.03.2025, the learned Civil Judge (Senior Division), Nagaon had dismissed the appeal preferred by the present petitioner challenging the correctness or otherwise of the order dated 23.09.2024 in Misc.(J) Case No.84/2024, in Title Suit No.172/2024, by which the learned Civil Judge (Junior Division) No.1, Nagaon, had restrained the petitioners/opposite parties from interfering in the daily works as well as performing the duties of t alana he „Sri Sri Batadrava Than Parich Samittee‟ till disposal of the suit. Besides, the petitioners/opposite parties, their men, agents etc. also restrained from interfering with the cash transaction alana Sam of „Sri Sri Batadrava Than Parich ittee‟.

Further, the petitioners/opposite parties are prevented, till disposal of the suit from doing any activities, that would harm the reputation of „Sri Sri Batadrava Than‟.

Background Facts:-

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

The case of the respondents is th “ at „Sri Sri Batadrava Than Parich alana Samittee‟ headed by the respondents, was a duly elected body in the triennial annual general meeting, held in the month of May, 2022 for a term of three years. As per the constitution of Sri Sri Batadrava Than the tenure of the said th committee would come to an end on 15 May, 2025. The said committee was duly performing its responsibilities and all the daily activities and religious rituals of the Than has been looked „ ‟

after by the said committee.

On 09.06.2024, while biennial annual general meeting of the Than was held at about 11.00 am, at Ai Kherkuti Sanskritik „ ‟

Mancha, under the presidentship of respondent No.2 and attended by more than 200 members, then some members had created noisy situation, as a result it became difficult for the respondent no.2 to conduct the meeting and therefore, he adjourned the meeting and left the place. But, after sometime some members threatened him and compelled to come again and to proceed with the meeting. Then the respondent No.2 was proceeding with the meeting and then again some members created ruckus and made it difficult to proceed with the meeting, and accordingly, he adjourned the meeting. At the time of adjournment, only discussion on agenda No.4 was over and there was 10 other agenda also. While the meeting was nd adjourned for 2 time, only 30-35 members were present and the rest already left. Then few members forcibly obtained signature of the respondent No.2 over a piece of paper and it has been shown that the biennial annual general meeting resolved that the committee headed by the respondent No.2 was dissolved and a new committee in the name and style of „Sri Sri Batadrava Than Management Samittee (Ad-

hoc)‟ was formed in its place with the petitioner No.1 as President and the petitioner No.2 as the General Secretary.

It is the contention of the respondents that in the biennial annual general meeting, held on 09.06.2024, the committee of the respondent ‟s was neither dissolved nor there is any provision to dissolve a in the constitution of the „Sri Sri Batadrava Than‟, committee in the biennial general meeting. But, there is a provision for forming a new elected body only in its triennial annual general meeting and that too after the end of the tenure of the previous elected body.

It is provided in the constitution of the Than that the „