JAGANNATH SINGH Vs. DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) Heard Sri. N. D. Keshari learned counsel for the petitioner and Sri Arun Kumar Pandey, learned counsel for the contesting respondents.

(2.) Learned counsel for the parties agree that the pleadings have been exchanged between the parties and they request that this writ petition may be disposed of finally under the Rules of the Court.

(3.) The dispute relate to a trust known as 'Kalimath' situated at Lakshmi Kund, Varanasi and Lakshmanpura Math situated in Lakshmanpura, Varanasi. A suit No. 21 of 1962 was filed under Section 92 of the Code of Civil Procedure. The main relief claimed in the suit was for removing the trustees and appointing new ones in their place. Another relief was sought for framing a scheme for administration of the trust. This suit was decreed. In pursuance of the decree Kamta Tiwari, Pheka Tiwari were removed from Mahantship of the said trust and Bhalchand Sharma, Chandra Nath Yogeshwar, Jagannath Singh (petitioner herein), Paripurna Nand and Batuknath Shastri were appointed trustees. Subsequently, it appears, that Bhalchand Sharma and the petitioner were made managing trustees. Out of the aforesaid five trustees, all excluding the petitioner, either died or resigned and in their place no one was appointed by the Court.