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2023 Supreme(Ker) 789

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Pathanapuram Taluk Samajam – Appellant
Versus
K. K. Surendran – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. S. Sreekumar, Senior Advocate Along With Sri.Manoj Ramaswamy
For the Respondent: Sri. P.B. Sahasranaman, Sri. T.S. Harikumar & Smt. G.N.Deepa

ORDER :

A.Muhamed Mustaque, J.

This matter placed before us is based on an order passed by a learned Single Judge. The question placed before us, for the answer is as follows.

    “Whether the Sub Court is competent to grant leave to institute a suit and, thereafter, try and dispose of the suit under Section 92 of the Code of Civil Procedure, 1908.”

2. It is appropriate to refer to the relevant provisions of Section 92 of the Code of Civil Procedure, which reads as follows.

    (1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons having an interest in the trust and having obtained the “[leave of the Court] may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the [State Government] within the local limits of whose jurisdiction the whole or any part of the subject-ma

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