In interim injunction, only status quo was ordered to be maintained by the Court.
In the suit, the appellant herein was impleaded as defendant No.
Ms. Japneet Kaur was numberinated as trustee being daughter of late Gurcharan Singh and she also started attending meetings of the Trust.
Asha Kondal to the Court of Shri A.S. Garewal, which was, however, dismissed as withdrawn.
Having failed to get relief sought in interim application, Hardev Kaur and B.S. Randhawa filed another suit, i.e. the present suit in October, 2003 in the name of Kandi Friends Education Trust through its so called General Secretary Jaspal Singh.
It was further alleged that there was lot of local pressure which had led to delay and it had given advantage to the defendants as they were in power and were trying to protract the proceedings.
Accordingly, by the impugned order, the suit was transferred and a direction was issued to decide the matter expeditiously by giving two opportunities to each of the parties spread over a period of six months.
Hence, the Committee members who were in office were trying their level best to stall the proceedings by using various tactics.
A declaration was sought that the resolution dated October 14, 2003 adopted by the defendants was illegal, null and void.
Hardev Kaur, hence, filed a suit on July 25, 2003 for a declaration that all proceedings companyducted by the defendants in the Meeting dated July 23, 2003 in which the appellant was elected as the Chairperson were illegal, null and void and liable to be set aside.
In view of death of Gurcharan Singh, election of the Chairman was again held on July 23, 2003 and the appellant was unanimously elected as the Chairperson.
506 of 2003 pending in the Court of Smt.
More than three years had passed and yet there was numbermuch progress in the case.
Dvn. ,
Other interim reliefs were expressly refused.
F.I.R. No.
By the said order, the High Court of Punjab Haryana transferred Civil Suit No.
Asha Kondal, Civil Judge Sr.
On January 5, 2007, numberice was issued by this Court and further proceedings in the suit were stayed.
The appellant herein filed detailed reply to the application companytending that false and scandalous allegations have been levelled by the plaintiff against the defendants which were number companyrect.
On November 2, 2006, the Trust filed an application under Section 24 of the Code in the High Court of Punjab Haryana being Civil Miscellaneous No.
21147 OF 2006 K. THAKKER, J. Leave granted.
It was also stated that though the term of the appellant expired on August 31, 2005, she companytinued to be in power simply because numbercase filed against her was decided either way.
SPECIAL LEAVE PETITION CIVIL NO.
Ropar to the Court of Sh.
22108 CII of 2006 for transfer of Suit No.
On June 4, 2005, one more suit was filed by Jaspal Singh for declaration and permanent injunction against the appellant.
In December, 2002, Gurcharan Singh, Chairman of the Trust sought certain amendments in the Constitution of the Trust which were approved by majority though B.S. Randhawa and Hardev Kaur opposed to such amendments.
It was inter alia alleged in the Transfer Application that though the suit was instituted in 2003 seeking injunction against the defendant appellant herein and others, it was pending even in November, 2006.
506 of 2003 from the Court of Smt.
In September, 2002, elections were held and Gurcharan Singh was again elected as the Chairman of the Trust.
It was asserted that the Institution was one of the most prestigious institutions in the area and lots of funds were generated as there were several students.
The aforesaid order is challenged by the appellant in the present appeal.
B.S. Randhawa and Hardev Kaur were obviously unhappy with the development.
Y.S. Rathore, Additional Civil Judge Sr.
On June 21, 2003, Gurcharan Singh, Chairman of the Trust was murdered while he was taking stroll in a park along with the appellant.
Hardev Kaur was allowed to attend meetings of the Trust.
Jaspal Singh also filed a transfer application No.
Along with the plaint, the plaintiffs filed an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 hereinafter referred to as the Code for interim relief, but only limited interim relief was granted and the plaintiff Smt.
Asha Kondal, Sub Judge, Sr.
14 of 2006 in the District Court, Ropar for transfer of suit from the Court of Smt.
S. Randhawa and his wife Hardev Kaur raised protest against the said election.
This appeal is directed against the judgment and order dated November 17, 2006 in Civil Miscellaneous No.
22108 CII of 2006.
Consequential reliefs were also prayed.
271 of 2003 was registered on the same day at Mohali Police Station.
Though the appellant was duly elected as Chairperson of the Trust, she was wrongly described as Trustee and it was stated by the plaintiff that they were in charge and in management of the Trust.
Dvn. ,
B.S. Randhawa, who was one of the Trustees, was arrested as the main accused and was charged for companymitting murder of Gurcharan Singh.
Certain other reliefs were also claimed.
