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2023 Supreme(Ker) 761

P. B. SURESH KUMAR, JOHNSON JOHN
P. S. Rajeev, S/o Raman Sasthri Parimanam K. R. Puram – Appellant
Versus
Sree Narayana Trusts – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV S.V.BALAKRISHNA IYER (SR.), D.ANIL KUMAR
For the Respondent: A.N.RAJAN BABU, Smitha.s.Pillai, Rajesh Narayan Narayan
P.K.RAVISANKAR, S.SUJIN, T.I.ABDUL SALAM, M.G.KARTHIKEYAN, C.D.ANIL
M.G.KARTHIKEYAN, A.N.RAJAN BABU, N.NANDAKUMARA MENON, SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSU(SC-1511), ALICE THOMAS(K/001661/2000), P.GOPALAKRISHNAN (MVA)(K/932/2000), A.R.EASWAR LAL(K/133/2008), HARISH R. MENON, K.R.MONISHA, D.SAJEEV BABU, UDAYA HOLLA (SR.), SUGUNAPALAN (SR.)

JUDGMENT :

P.B.Suresh Kumar, J.

This Court is called upon in this proceedings to decide the scope of the limits of the jurisdiction retained by this Court to adjudicate the disputes relating to the affairs of Sree Narayana Trusts (the Trust) in terms of the scheme settled for its administration.

2. The Trust is a public trust of charitable nature. It runs several educational and other institutions. A suit was instituted as O.S.No.2 of 1969 before the District Court, Thiruvananthapuram under Section 92 of the Code of Civil Procedure (the Code) for framing of a scheme for the administration of the Trust. In the appeals preferred against the decree in the suit, this Court modified the scheme framed by the District Court in the suit and the Trust is being administered thereafter in terms of the scheme framed by this Court as amended from time to time. As per the scheme, hereinafter referred to as "the Scheme" for short, the Trust is governed by a Board of Trustees composed of persons referred to in clause 3 of the Scheme. Clause 3 of the Scheme reads thus:

    “3) There shall be a Board of Trustees composed of:-

a) All persons (or their representatives approved by the Board of Trustees) who hav

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