S.RAVINDRA BHAT, J. (ORAL)

1. The present appeal is directed against an order dated 15.10.2015 disposing of CS(OS) 958/2003 - filed under Section 92 of the Code of Civil Procedure, 1908 (“CPC”).

2. The brief facts are that a Public Trust known as “Shri Gurudev Ashram” was created by a deed dated 22.04.1973. Late Shri T.N Khanna was one of the original trustee/donor - he was impleaded as second defendant in the suit. At the time of creation of the Trust, five trustees were nominated; two of who died and two resigned. Consequently, only one, i.e., the original settler survives. According to the terms of the deed, the vacancies in the Trust were to be filled by nomination by Swami Muktananda Paramhansa in terms of condition no.8 which is extracted below: -

“8. Shree Swami Muktananda Paramhansa shall always have the power to appoint a person as an additional Trustee or to fill any vacancy in the office of the Trustees of the Trust.”

3. The plaintiff/appellant sought and was granted leave to file the suit under Section 92 of the CPC. The principal reliefs claimed were two fold - one is incorporation of a proper appointment mechanism to facilitate the smooth functioning of the