JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. While in one of the appeals challenge is to the legality of the judgment dated 5.2.2004 passed in CRP No.1260 of 2003 by a learned Single Judge of the Kerala High Court, in the other appeal challenge is to the judgment passed on 20.8.2004 in WP (C) No.14961 of 2004 by another learned Single Judge of the said High Court.

3. Essentially the factual position is as follows:

Respondents as plaintiffs filed OP No.238 of 2000 before the District Court, Ernakulam under Section 34 of the Indian Trust Act, 1882 (in short the Trust Act) in respect of Vidyodaya Trust and applied to the Court for direction for management and administration of the said trust and the school run by the trust. But the said Court by order dated 31.1.2000 held that the OP was not maintainable and dismissed the petition. Thereafter the suit No.20 of 2000 was filed by the respondents as plaintiffs claiming several reliefs. The respondents filed an application (IA 349 of 2000) seeking leave of the Court to institute the suit under Section 92 of the Code of Civil Procedure, 1908 (in short the CPC). According to the appellants, without notice to them the concerned Court granted le