DEVENDRA KUMAR MISHRA Vs. RAMENDRA KUMAR

JUDGEMENT

(1.) THIS is a revision under Section 115 of the Code of Civil Procedure against the judgement and order dated 21.7.2005 passed by the Additional District and Sessions Judge, Court No.5 Lakhimpur Kheri by which the learned Judge has granted permission to the opposite parties to file suit under Section 92 of the Code of Civil Procedure.

(2.) THE opposite parties appeared by finding the caveat and I have heard the learned counsel for the revisionist and the opposite parties finally on merit.

(3.) THE application for seeking permission for filling of the suit was contested by the revisionist alongwith Smt. Shanti Pandey who died during the pendency of the application under Section 92 of the C.P.C. on the ground that Smt. Vidya Kunwari constructed a private temple and installed deity of Thakurji Maharaj and created a private trust for its management through registered trust deed dated 22.7.1943. It was alleged that under the said trust deed, Smt Vidya Kunwari appointed herself to be the trustee for the management of the trust in her life time and thereafter revisionist, Badri Prasad and Bansh Gopal were appointed as trustees. It was alleged that right to manage the trust was conferred on the revisionist as a trustee for his life time and thereafter his generation after generation will remain Mutwali (trustees). Beside three trustees referred to above appointed by Smt. Vidya Kunwari, she had also made a provision in the deed of trust for the appointment of five arbitrators who will provide assistance to the trustees in the management of the trust properties.