1. The present appellant, who is the respondent before the learned Single Judge, has filed this intra-court appeal against the order dated 29.05.2018 made in WP No.85687/2013 by the learned Single Judge of this Court, allowing the writ petition in part, thereby the order of the District and Sessions Court holding that the petitioner is a Trustee for five years is set-aside. The further declaration that the only Chairman is entitled to be a Life Trustee is modified and it is held that the Chairman Smt. Laxmibai and the petitioner having been appointed prior to 29.04.1996 are entitled to hold the office of the Trusteeship for life as provided under bye law-6 till they are capable of holding the office.

I. FACTS OF THE CASE:

2. The present appellant, who is the petitioner before the learned Principal District and Sessions Judge, Dharwad filed an application under the provisions of Sections 3 and 7 of the Charitable and Religious Trust Act, 1920 (for short, ‘the Act’) Read with GO No. EKAROP SHASHAN-CR-72/2003-04 dated 04.06.2005 seeking declaration that the Resolution No.2 dated 24.07.2012 passed in the meeting of the Board of Trustees/Chairman held on 25.07.2012 for a period of five years from 25.07.2012 to 24.04.2017 as legal one and the Board of Trustees of the petitioner-Trust namely,

1. Dr.(Smt.) Laxmibai Premanand Patil Chairman

2. Sri. Premanand Veeranagouda Patil Life Trustee

3. Sri. Tayasaheb Bhimagouda Patil Board of Trustee

4. Smt. Amala Gurappa Kadagad Board of Trustee

5. Sri. Ravi Annappa Patil Board of Trustee

be accepted/declared that they are lawful Trustees/Board of Trustees of the Public Trust by name Saradar Veeranagouda Patil, MAHILA VIDYA PEETH, Vidya Nagar, Hubli, bearing registration No.52(DWR), in the interest of justice, the office bearers nominated and selected in the meeting of the Board of Trustees as held on 24.07.2012 be approved as Chairman, Life Trustee, and Board of Trustees of Trust contending that the Institution is an ancient institution and founded by dedicated services, honest and sincere efforts of the founder Trustee Padmashree Saradar Veerangounda Patil, Smt. Nagamma Patil and all other Trustees of the Board. Because of the sincere and hard work of the members of the Trust, the Trust established educational institutions and was running Balika Ashrama, Primary School, D.Ed. Course, Composite Junior College, Girls’ hostel, ITI Course, Nursing Course, Degree College, Women’s Hostel etc. From the beginning, the Trust is engaged in providing better education and is working for the upliftment of all the needy students and working women. The Trust is a prestigious institution having its own culture and heritage. The Trust is getting its accounts audited year to year from the renowned Chartered Accountant and the likeminded people who are interested in imparting quality education are included as Trustees of the Institution and there are 4000 students who are getting quality education from the renowned staff members employed by the Trust.

3. It was further contended that on 16.03.1996 in the meeting of the Management Committee of the Trust, 2 persons i.e. Shri Basant Kumar Thimmanagouda Patil and Sri. A.V. Patil were inducted as Trustees of the Trust. Thereafter, a change report was submitted by the representatives of the Trust to effect necessary changes in the PTR maintained by the Assistant Charity Commissioner. This was supported by consent letter by the newly inducted Trustees. The Assistant Charity Commissioner held enquiry No.346/1996 and after recording the statement of the official of the Trust passed orders on 10.05.1996, whereby the change report was accepted and necessary directions were issued to include the names of Shri. A.V. Patil and Basantkumar Patil in the PTR. Subsequently, by resolution dated 29.04.1996, the said persons were included as Trustees for a period of five years. Things stood thus, on 3.7.2012, Sri. Basantkumar T Patil, submitted his resignation to the Tru