SAITHU MUSTHAVA Vs. AITHOROSE ALI

JUDGEMENT

(1.) This is an appeal against a preliminary decree passed in a suit instituted with the sanction of Government against the trustee of a Muslim Mosque. The reliefs claimed were (1) removal of the defendant from the trusteeship, (2) rendition of accounts by him during his period of office as trustee, (3) avoidance of certain alienations effected by him and (4) preparation of a scheme for future management of the Mosque. Pending the suit the first plaintiff died and one of the defendants to wit the 8th defendant got himself transposed as third plaintiff. After this transposition the second plaintiff intimated to the court that he did not desire to prosecute the suit and that the suit may be dismissed. The court however continued to try the suit and ultimately passed a preliminary decree directing (1) defendants removal and (2) rendition of accounts by him of his stewardship of the mosque. The decree also proceeds to state that the court will prepare a scheme and the question of avoiding the impugned documents will be considered during the further stages of the suit. The present appeal is against that preliminary decree.