1. By consent matter is finally heard and declared. This Civil Revision Application is preferred by the original respondent against the order dated 23rd July, 2009 passed by the learned Judge of the City Civil Court, Bombay below Exhibit 14 in Regular Civil Suit No.3535 of 2007. The suit is filed by the present respondent No.1 i.e. the plaintiff for a declaration that the resolution dated 7th September, 2007 passed by the defendant No.1-trust at its board meeting is arbitrary, illegal and bad-in-law so also the resignation dated 8th September, 2007 submitted by the plaintiff is inconsequential and is of no effect and the plaintiff continues to be a permanent trustee in respect of the defendant No.1-trust. The plaintiff has also prayed for an injunction restraining the defendant-trust to act upon the said resolution dated 7th September, 2007.

2. On 7th September, 2007 the respondent-trust has resolved that the plaintiff Mr. Vasudeo Purshottam Shetye i.e. the original respondent No.1 was not qualified to be appointed and continued as holding trustee or managing trustee as per rule/clause 2 (g) (h) r/w 5 (i) of the constitution of the trust and his appointment was per se ill