L.D. KAUSHIK Vs. DEVENDRA KUMAR MODI

JUDGEMENT

(1.) This First Appeal From Order under Section 104 (ffa) of the Code of Civil Procedure arises out of an order passed by the District Judge, Mathura dated 3.10.2012 in Misc. Case No. 21 of 2010 (L.D. Kaushik and others vs. Devendra Kumar Modi and others) by which the application filed by the applicants-appellants for leave of the Court to file a suit under Section 92 of the Code of Civil Procedure, has been rejected.

(2.) We have heard Shri Navin Sinha, Senior Counsel assisted by Shri Yashwant Verma for the appellants. Shri M.K. Gupta appears for respondent nos. 1, 5, 6 and 10. Shri Rajiv Singh has entered appearance on behalf of respondent nos. 5 and 10.

(3.) The appellants filed a Suit under Section 92 of the Code of Civil Procedure with prayers;- (a) declare that the present Board of Trustee or Trust Committee comprising of the defendant nos. 1 to 7 as null and void and remove them from the trusteeship of Rai Bahadur Multanimal Modi Charitable Trust, and to constitute a valid Trust Committee as per the mandate of the Trust deed for administration of the Trust and its properties; (b) direct defendant nos. 1 to 7 to render accounts of the Trust including rendition of accounts relating to the realization of the amount from the sale of the properties; (c) order for the inventory of the movable and immovable properties of the Trust; (d) pass a mandatory injunction directing to defendant nos. 1 to 7 to hand over the trust properties to the Trustees or the Board of Trustees duly appointed by this Court; (e) settle the scheme for administration of the Trust in future; (f) permanently restrain defendant nos. 1 to 7 from acting as the Board of Trustees or Trust Committee of the Rai Bahadur Multanimal Modi Charitable Trust or sell the properties of the trust or in any way use the funds of the trust for any purpose; and (g) such further and another order as the Court may deem just and appropriate in the facts and circumstances of the case.