Authority: Supreme Court of India
Order Date: 11-08-2026
Case Overview
- Petition for Special Leave to Appeal (C) No.12981/2025 filed by KHASGI (DEVI AHILYA BAI HOLKAR CHARITIES) TRUST (Petitioner) against VIJAYA & ORS. (Respondents), arising from the impugned final judgment and order dated 24-03-2025 passed by the High Court of Madhya Pradesh at Indore (CR No. 454/2021).
- The High Court, on 24 March 2025, allowed the Civil Revision Application preferred by the respondents and rejected the petitioner's suit under Order VII Rule 11 of the Civil Procedure Code, 1908, on the ground that the suit was not maintainable due to the specific bar of Section 32 of the Madhya Pradesh Public Trusts Act, 1951.
- The petitioner had invoked Section 36(1)(a) of the Act, which provides an exemption for a public trust administered by an agency acting under the control of the State or any local authority. The High Court found that the trust’s registration was not valid, and therefore the exemption under Section 36 did not apply.
- Counsel for the petitioner submitted that the trust has now obtained a valid registration, which could potentially allow the trust to avail the exemption under Section 36 and pursue appropriate legal remedies based on the fresh registration.
Final Outcome
- The Supreme Court disposed of the Special Leave Petition, stating that if the trust now holds a valid registration, it may proceed with any appropriate legal remedy available to it on that basis.
- The Court ordered that the Special Leave Petition stands disposed of.
- All pending applications, if any, in the matter were also ordered to be disposed of.
Topics: Legal Dispute, Public Trusts