JUDGMENT

Ram Prasanna Sharma, J. -This appeal is preferred under Section 27(3) of the C.G. Public Trust Act, 1951 against the order dated 16-7-2015 passed by the First Additional District Judge, Bilaspur (CG) in Miscellaneous Civil Appeal No. 66 of 2014 wherein the said court dismissed the appeal filed by the appellants against the order dated 17-10-2014 passed by the Registrar, Public Trust, Mungeli in case No. 01-B/113(4)/2012-2013 whereby the Registrar ordered that the Managing Trustee shall be appointed as per Clause 18 of the Trust deed.

2. The facts, in brief, are that Bhawani Sao Ramlal Sao Dharmada Trust, Mungeli is a registered trust constituted on 11- 01-1961 by its settler/managing trustee namely Ramlal Sao. The said trust has been constituted for the charitable purpose in public interest as stipulated in the trust deed (Annexure A/2) made in this regard. After death of settler/managing trustee of the trust i.e., Ramlal Sao, a meeting was convened on 17-9- 1983 for the appointment of managing trustee of the trust in place of said settler Ramlal Sao. In the said meeting a resolution was passed for appointment of one Ram Gupta as the managing trustee of the said trust in place of Shri Ramlal Sao as his wife Smt. Rambhabai had predeceased him at that time. After death of Ram Gupta on 11-8-2005 his wife namely Nand Bai was appointed as a Managing Trustee in the meeting held on 7-10-2005. The said appointment was questioned by one of the trustees namely Nirmal Prasad Kesharwani before the Registrar, Public Trust, Mungeli. However, the Registrar Public Trust vide its order dated 29-11-2005 held that appointment of said Nand Bai was duly made on majority basis. The appointment of Nand Bai was reversed by the District Judge, Bilaspur vide order dated 29-4-2006 against which a writ petition was filed before this court. However, during pendency of the petition Nand Bai submitted her resignation on 4-5-2006 which was accepted in a meeting held on 22-6-2006 and one trustee namely Vimal Kesharwani, appellant No.1 herein has been appointed as Managing Trustee of the said trust on 6-10-2013 by the Committee of the Trust. On 27-9-2013 respondent Dr. Vinay Gupta being a trustee of the said Trust had instituted a writ petition registered as W.P.(227) No.724 of 2013 by questioning the propriety of the order dated 29-4-2006 passed by the District Judge. The Registrar, Public Trust, Mungeli ordered on 17-10-2014 that managing trustee of the said trust could be made on the basis of senior member of the family of Shiv Dayal and Ambika Sao and in their absence the other members could be appointed on the basis of 3/4th majority and directed the parties to produce their relevant documents pertaining to their birth certificates etc., in this regard. The order of the Registrar, Public Trust was challenged before the court of First Additional District Judge, Bilaspur who affirmed the impugned order of the Registrar. The arrangement which was made under Clause 18 of the Trust deed was in fact made only for one time when the post of managing trustee would be vacant on account of death of the settler i.e., Shri Ramlal Sao and his wife namely Rambhabai, but that aspect of the matter is overlooked by the Registrar, Public Trust.

3. Learned counsel for the appellants would submit that the Registrar, Public Trust and the First Additional District Judge have not interpreted the Clauses 18 & 24 of the trust deed in its true perspective because the provision has been enacted only for one time procedure. He would further submit that the impugned order is apparently contrary to law and in excess of jurisdiction vested in it, therefore, same is liable to be set aside.

4. On the other hand, learned counsel for the respondents would submit that the Clause 18 of the Trust deed has been rightly interpreted by the Registrar, Public Trust and the court below, therefore same is not liable to be interfered with while invoking jurisdiction of the appeal.

5. I have he