A HALEEM Vs. M S TAJUDEEN

JUDGEMENT

(1.) T:- The appeal relates to selection of trustees to Madrasathul Salalhi Fir Adrabail Kilhai (hereinafter referred to as the Trust). The said Trust was founded in the year 1980. After the death of the founders, disputes arose. A scheme was framed by the Court and the administration of Trust was carried on in accordance with the Scheme. Decree modified from time to time. For the administration of the Trust six hereditary trustees are to be selected from three main branches of the founders, two from each branch. Besides, non-hereditary trustees are to be selected by the District Judge of West Thanjavur. In all, there are to be nine trustees. The correctness of the selection ultimately reached this Court. By an order dated 18-9-1991, it was directed that the then trustees could continue up to 31st May, 1992. Thereafter a new set of trustees was to be appointed by proper advertisement in the newspapers inviting applications. If any objection was made to any one of the trustees, the High Court was directed to look into the same. Pursuant to that order of this Court the learned District Judge, West Thanjavur called for applications. By his order dated 25-9-1992 he selected respondents 1 to 6 as hereditary trustees and nominated respondents 7 to 9 as non-hereditary trustees of the Trust. A revision was preferred challenging the selection. The High Court on an elaborate consideration of the matter, by a judgment dated 27-11-1992 found no ground to interfere with the order of the District Judge. Against the said judgment the present special leave petition was filed. On 16-8-1993, this Court passed the following order :

(2.) As regards respondent No. 5, K.S. Abdul Shukoor, by an order dated 20th September, 1993 it was inter alia held thus :

(3.) On 8-10-1993 this Court directed as follows: