ABDUL BUHARI Vs. RAMLATH MEMORIAL CHARITABLE TRUST

JUDGEMENT

(1.) THIS appeal is filed by petitioners 1 to 4 and 6 in O.P.(Trust) No.235/2011 of the Additional District Judge -II, Thiruvananthapuram. By the said application the appellants sought leave under Section 92 of the Code of Civil Procedure to institute a suit against the first respondent Trust called as "Ramlath Memorial Charitable Trust." The learned Additional District Judge, mainly for the reason that the appellants have not established existing interest in the trust, rejected the application.

(2.) WE heard learned Senior Counsel for the appellants Shri P.B. Sureshkumar and learned counsel for the respondents Shri L. Mohanan.

(3.) WE will now refer to the necessary facts required for the disposal of the appeal. The parties are referred to as arrayed in this appeal. The first respondent Trust is a registered public charitable Trust constituted by one late Dr. Abdul Jabbar, who was a medical practitioner. The appellants claimed that they are representing the public who are beneficiaries and interested in the welfare and proper functioning of the Trust. The second respondent is one of the original Trustees of the Trust and sister of Dr. Abdul Jabbar. The third respondent is the 2nd wife of Dr. Abdul Jabbar, the 4th respondent is the brother of the 2nd respondent, and the 5th and 6th respondents are the children of Dr.Abdul Jabbar born out of the wedlock of the 3rd respondent. The 7th respondent in the appeal is the 5th petitioner in the original petition.