K SHANKARAPPA Vs. K G GANGADHARAIAH

JUDGEMENT

(1.) THIS Civil Revision Petition is preferred against I. A. Nos. 25 and 26 in O. S. No. 189/85 as suit for partition.

(2.) I. A. No. 25 is filed under Order 22 Rule 10 of CPC to bring on record the respondents-1 (a to h) and I. A. No. 26 is filed under Order 22 Rule 9 of CPC to set aside the abatement of the suit. The Trial Court has allowed both the applications and aggrieved by the same. the first defendant is before this Court in the above Civil Revision Petition.

(3.) IT is stated that one Gangadharaiah was a philonthrophist and he died leaving a will on 23-6-1984 in which he directed that a Trust to be constituted with respondents 1 (a to h) as the trustees and the Trust shall take over his estate. It is further claimed that the Trust has come into being on 6-10-1995 and the respondents mentioned above have become its trustees. Consequently, they sought the permission of the Court to come on recort to contest the case and for setting aside the abatement. The Trial Court on the recitals of the Will decided that it is the plaintiff's desire to creat a Trust for the Management of his estate for proper utilisation of his properties. The copy of the Trust deed was also relied upon by the Trial Court and, ultimately both the applications were allowed.