SAJEENDRAN Vs. SREE NARAYANA TRUST

JUDGEMENT

(1.) All the captioned interlocutory applications are filed in A.S.No.689 of 1972, which was disposed of by this Court along with A.S.No.813 of 1972, more than four decades ago, to be precise, on 8/3/1978. A.S.No.689 of 1972 was filed challenging a preliminary decree passed in O.S.No.2 of 1969 of the District Court, Thiruvananthapuram. The suit was filed under Sec. 92 of the Code of Civil Procedure, praying for framing a scheme for Sree Narayana Trust, which is a public trust, and for such other reliefs. As per the impugned preliminary decree passed in the said 0.S, as relates to the issue of framing of scheme, the District Court held that the existing trust deed was not sufficient and that a scheme was to be framed. Thus, the fact is that no scheme was actually framed by the District Court and in the appeal against the said preliminary decree viz., in A.S.No.689 of 1972, this Court framed a scheme for S.N.Trust. Obviously, the said scheme is also appended to the judgment in A.S.No.689 of 1972 and the said appeals were disposed of by modifying the judgment and the preliminary decree. A direction was also given to the District Court as per the judgment in A.S.No.689 of 1972 to dispose of the suit by passing a final decree, in accordance with law and in the light of the findings and the directions made in the said judgment within the time stipulated therein. On verification, it is found that the suit itself was decreed and final judgment and decree were passed on 31/10/1980.

(2.) Heard the learned counsel on both sides.

(3.) Clause 34 therein is the source and the enabling provision for moving this Court. Clause 34 of the scheme originally appended to the judgment dtd. 8/3/1978 was as follows:-