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2003 Supreme(Ker) 557

C.KURIAKOSE, K.S.RADHAKRISHNAN
Shanmugham – Appellant
Versus
Vishnu Bharatheeyan – Respondent


Judgment :-

Radhakrishnan, J.

These appeals arise out of the judgment and decree in O.S. No. 3 of 1996 on the file of the District Court, Thrissur. First defendant is the appellant in A.S.No. 415 of 2000 and the second defendant is the appellant in A.S.No.419 of 2000.

2. Suit was instituted by respondents 1 to 3 in these appeals under Section 26 and Order VII Rule 1 of the Code of Civil Procedure and Section 49 of the Indian Trust Act seeking modification of some of the stipulations in Ext.A1 trust deed giving exclusive rights to the first defendant and to place fetters with regard to the rights of the first defendant to manage the affairs of the properties of the "Sakshal Chathan Seva Madom" and also for a direction to the effect that the first defendant shall function as trustee only along with the first plaintiff and also for other consequential reliefs.

3.We may deal with the facts in detail in the latter part of the judgment, after dealing with some of the legal questions raised for consideration. Admittedly the trust created under Ext.A1 document is a private religious trust. Interlocutory application, I.A.No. 1388 of 1996, was moved by the plaintiffs to appoint a receiver to ma





























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