Allahabad High Court High Court

Gopal Prasad vs Vishwakarma Sabha & Others on 5 July, 2010

Allahabad High Court
Gopal Prasad vs Vishwakarma Sabha & Others on 5 July, 2010
Court No. - 1

Case :- SECOND APPEAL No. - 691 of 2010

Petitioner :- Gopal Prasad
Respondent :- Vishwakarma Sabha & Others
Petitioner Counsel :- Ramendra Asthana,Sanjeev Kumar Asthana
Respondent Counsel :- Prabhakar Tripathi,Ajai Mishra

Hon'ble Rakesh Tiwari,J.

Heard Sri Ramendra Asthana, learned counsel for the appellant, Sri Prabhakar
Tripathi assisted by Sri Ajai Mishra, Advocate, appearing for the caveator,
and perused the record.

Both the parties i.e. Vishwakarma Sabha and Lohar Sangh registered under
the U.P. Societies Registration Act, 1860 claim their right to collect the rent
with regard to the property belonging to the trust.

With the consent of both the parties, it is directed that during pendency of the
present appeal a Receiver may be appointed by the Trial Court with the
consent of the parties who will collect the rent belonging to Lohar Sangh.
The receiver will collect the rent and deposit the same in the court by 15th of
the month without any remuneration as service to the community. For this
purpose each of the community will give name of five persons to the trial
court within fifteen days from today.

Counter affidavit may be filed within one month. Rejoinder affidavit may be
filed within three weeks, thereafter. List after expiry of the aforesaid period.

Till the next date of listing, both the parties are restrained either from
changing the nature of the land or alienating the same.

Order Date :- 5.7.2010
RCT/-