JUDGMENT - A.P. SHAH, J. :---This is an action initiated by an originating summons in which the plaintiffs seek determination of the following questions:

(1) Whether the Trustees of Bombay Parsi Panchayat have any power under the present scheme or otherwise to appoint/elect the President of the Bombay Parsi Panchayat?

(2) Whether the Trustees of Bombay Parsi Panchayat have any power or authority to elect any Chairman of their meeting if the President of the Bombay Parsi Panchayat is present at the meeting by removing the President and appointing someone else in his place or otherwise?

(3) Whether the Trustees of the Bombay Parsi Panchayat have the power under the Scheme or otherwise to prevent the senior most Trustee from assuming the office of the President without modification of the present scheme?

(4) Whether the resolutions purported to be passed by the defendant Nos. 2 to 5 at the meeting held on 30th March, 1993 are valid and/or proper and/or effective?

2. The plaintiff Nos. 1 and 2 and the defendant Nos. 2 to 5 are the Trustees of the Funds and immovable properties of the Parsi Panchayat of Bombay. On March 25, 1993, the President of the Trust Dr. Aspi Golwala tendered his resig

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