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2002 Supreme(Kar) 91

V.G.SABHAHIT
Lakshminarasimaiah – Appellant
Versus
Kusuma Adiramaiah Setty and Susheelamma Trust – Respondent


Advocates:
Advocate Appeared:
Mr. V. Narayanaswamy
Mr. C.K. Jayachandra Shetty, R.K. Sridhara Murthy, N. Sharada, P. Sreenivasaiah

JUDGMENT

V.G. Sabhahit, J.--This appeal by the Plaintiffs in Miscellaneous No. 853 of 1994 is directed against the order dated 22.3.1997 passed by the Principal City Civil Judge, Bangalore rejecting the application filed seeking leave to file suit under Section 92 of Code of Civil Procedure.

2. The facts of the case in brief leading up to this appeal are as follows:

The parties would be referred to with reference to their rank before the Trial Court. The Plaintiffs filed the suit on the file of the Principal City Civil Judge against the Defendants for the following reliefs;

a) Removing the Trustees of the first Defendant namely the Defendants and any other trustees who may be put forth by them during the trial of this suit;

b) Appoint new trustees vesting schedule property in such trustees;

c) Direct the Defendants to deliver possession of all the trust property in their possession to the trustees so appointed by this Hon'ble Court and direct them to render accounts; and

d) Hold an enquiry into the conduct of the Defendants as trustees and recover the monies mis appropriated by them and take action for the breach of trust in accordance with Indian Penal Code and commit them to imprisonmen
























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