JUDGMENT - SUGLA, J.:---By these two petitions under Article 227 of the Constitution of India, the petitioners have challenged the amendments in the scheme of management and administration of the trust "Sheth Motishaw Religious Charitable Trust" allowed in terms of the order dated 5th November, 1977 by Bombay City Civil Court in Chamber Summons No. 991 of 1977, suit being No. 1195 of 1962.

2. Late Seth Khimchand Morichand by his Will dated 13th August, 1869 and Gujarati writing dated 14th August, 1869 settled certain properties on trust. In a suit filed under section 92 of the Code of Civil Procedure, 1908, being Suit No. 82 of 1918, this Court by its judgment and order dated 6th March, 1931 granted a scheme for management and administration of the trust, (hereinafter referred to as the scheme). The scheme evidently envisaged a public trust of a religious nature in which the whole Swetamber Murti Pujak Jain Community is interested. Clause 26 of the scheme provided for liberty to the trustees to apply to a Judge in Chamber for direction as and when necessary on giving notice to the Advocate General. By this Courts order dated 23rd December, 1938, in the same suit, the scheme was modi

Click Here to Read the rest of this document