LORD SHRI KRISHNA SITUATED AT KATRA KESHAV DEO KRISHNA JANM BHUMI MATHURA U P Vs. VAAMDEV JI MAHARAJ CHAIRMAN

JUDGEMENT

(1.) R. N. Ray, J. Being aggrieved by the judgment and order passed by Sri J. C. Misra, learned District Judge, Mathura on 6-5-1994 in Misc. Case No. 234 of 1993 under Section 92 of the C. RC. This appeal was preferred alongwith the application for condonation of delay under Section 5 of the Limitation Act. The said delay con donation application was allowed on 1-5-96 by Hon. R. B. Mehrotra, J. Thereafter, it was listed for admission and hearing and also hearing regarding stay.

(2.) HEARD the learned Counsel for the applicant, who appeared in person and argued at length and also the learned coun sel for the opposite parties relating to ad mission and also stay-matter. It was sub mitted by both the parties that at the stage of the admission-hearing, this appeal may be finally disposed of, on merits and they are ready to advance arguments to that effect and actually they had advanced the arguments to that effect.

(3.) IN the Trust deed, it is embodied that the Trust Committee will be respon sible to perform main object of the trust as well as their management, of the trust property. It had been alleged in the ap plication under Section 92, C. P. C. that the trustees committed breach of object of the trust by entering into compromise in suit No. 43 of 1964 and, therefore, the entire body of trustees is liable to be removed. On these allegations, the plaintiffs prayed for the removal of defendant Nos. 1 to 6 from the trustee-ship and further for declara tion that the defendants are unfit, due to breach of trust and further to appoint fit and suitable persons in accordance with the terms of the trust deed and further to direct the defendants to furnish accounts of the trust-properties and to direct the entire assets of the trust to transfer to new trustees.