RAM PALAT CHATURVEDI Vs. CHANDRA BALI SHASTRI

JUDGEMENT

(1.) -Heard S/Sri A. K. Upadhyay learned counsel for the appellant, Dr. H. N. Tripathi learned counsel for the respondent-defendant No. 2 and R. N. Singh senior advocate, G. K. Malviya and A. K. Rai advocates on behalf of the applicants.

(2.) THE present second appeal was filed on 20.5.1997 thereafter the sole appellant Smt. Shyama Devi moved an Application No. 192395 of 2006, dated 13.9.2006 with a prayer to dismiss her present second appeal as withdrawn/not pressed through her learned counsel Sri A. K. Upadhyay. This withdrawal application is supported by an affidavit duly sworn by the appellant. Before the said withdrawal application could be disposed of one Shiva Kant Mishra moved an Impleadment Application No. 2216517 of 2006, dated 11.10.2006 with a prayer to be impleaded as appellant-proposed plaintiff through his learned counsel supported by an affidavit sworn by him. Another Application No. 89125 of 2007 dated 4.4.2007 has been moved by one Girish Singh for being impleaded as appellant-proposed plaintiff through counsel supported by an affidavit sworn by him. Dr. H. N. Tripathi, advocate learned counsel for the respondent No. 2 has submitted that he has no objection to the said withdrawal application dated 13.9.2006 moved by the sole appellant Smt. Shyama Devi seeking dismissal of the present second appeal. Learned counsel for the applicant Shiv Kant Mishra and Girish Singh seeking impleadment as appellants-proposed plaintiffs have strongly objected to the application of the appellant for dismissing the second appeal as not pressed/ withdrawn.

(3.) THE contention of the applicants seeing impleadment as appellants-proposed plaintiffs is on the basis that the trust being a public trust they should be allowed to watch and safeguard its interest in place of the present appellant who being an old person and failing to discharge the duties and responsibilities of the Managing trusties on account of old age had abdicated her post and therefore, she should not be allowed to withdraw the appeal.