R. ASHWIN CHOUDRI AND ORS. Vs. C.R. NAGAPPA & SONS CHARITABLE TRUST A PUBLIC CHARITABLE TRUST AND ORS.

JUDGEMENT

(1.) PETITIONERS of a case bearing Misc. No. 611/10 which was pending on the file of Principal City Civil Judge, Bengaluru, have filed this appeal as they are aggrieved by the dismissal of the petition filed by them seeking leave to institute a suit under Section 92, C.P.C.

(2.) THE 1st respondent is a pubic charitable trust created by Late C.R. Nagappa under a deed dated 7.7.1975. The 2nd respondent is the secretary and respondents 3 to 6 are the remaining trustees of the 1st respondent trust. Appellants herein are the sons of the 3rd respondent -Rudramurthy. Their case is that respondents 2 to 6 have alienated 'A' schedule property bearing Survey No. 8, though permission had been accorded by the Principal City Civil Judge to alienate 'A' schedule property to the 7th respondent and that further alienation made by the 8th respondent to 9th respondent is illegal.

(3.) THE 2nd respondent and respondents 4 to 6 have filed detailed written statement to the petition filed under Section 92, C.P.C. and respondents 3 and 7 did not participate in the proceedings before the trial court though they were duly served. The 9th defendant has filed detailed written statement which is almost on the lines of the one filed by respondents 2 and 4 to 6.