This Civil Revision Petition is directed against the order of the learned Principal Judge, City Civil Court, Chennai in CMP.No:2188 of 2003 in O.S.No:63 of 1940.

.2. The brief facts of the case is as follows:-

.One Fazilathunia Begum Sahiba D/o. Nawab Walaja on 30.1.1877 through a Will appointed her full brothers sons namely 1) Mohammed Ameenkhen Hussain Khan bahadur 2) Khader Ali Khan Bahadur 3) Ghulam Hassan Ali Miyan 4) Ghulam Auzam Ali Miyan 5) Ghulam Jeelani Miyan and her own servants namley 6) Mohammed Namdar and 7) Mer Hussain Ali Khan Bahadur as Muthavallis of the Trust and dedicated the lands mentioned thereunder, with the endowments of doing Fathkha Ceremonies during ten days of holding Mohamrram viz., (1) the Fathikha Ceremony (2) The Fathkha of Huzuruth Imam Hussain, the Martiyur of Kerbala and on 11th day of Safar (3) The Fathkha of Founders deceased Mother Dowlathunnisa Begum and on 19th day of the month Zee Hajja and (4) The Fathikha of the Founders deceased brother Abu, Tuyrab Khan Bhadur Shujaeth Jung. In the Codicil executed by the founder on 2. 1877 the founder had also added the Fathikha Ceremony of the founder herself to be continued by the seven trustees appointed by her. The trust was continued by the seven trustees. The Subordinate Judge of Chengalpattu was approached by the interested persons for framing a scheme for the said Trust and accordingly on 2. 1941 the Subordinate Judge of Chengalpattu had framed a Scheme in the suit in O.S.No.63 of 1940 and a Scheme Decree was passed. As per the Scheme Decree and also as per the Codicil 7 trustees namely Muthavallis shall be appointed for the management and administration of the Trust and three of them at least shall be from the family of the founder and the remaining four Muthavallis shall be appointed from among the applicants and adult residents of Saidapet and Madras and the term of each Muthavalli shall ordinarily be five years and the court can on proper reason remove any Muthavalli from the office before the said period of five years and appoint another person in his place. The Executive Muthavalli shall ordinarily hold office for a period of three years and be eligible for re election after the expiry of that period. By order dated 18. 1999 the scheme stood pending on the Court of the learned Subordinate Judge, Chengalpattu was transferred to the file of the City Civl Court, Madras by an order made in Tr.CMP.No:7209 of 1999 by this Court.

3. The term of the erstwhile Muthavalli ended by 4. 1999. One Niyamathulla, the first respondent in the CRP filed I.A.No:218 of 2003 before the Principal Judge, City Civil Court, Chennai to appoint adequate number of Trustees as per the Terms and Conditions of the Scheme Decree dated 2. 1941 in O.S.No.63 of 1940. The said application was contested by the petitioners herein. However, on the instructions from the Principal Judge, City Civil Court, Madras, applications were invited by Advertisement in leading Dailies and in response to such advertisement 44 persons applied for the appointment as Executive Members. A personal hearing of the candidates was held by the Principal Judge and objections from all sides were also taken note of and documents relating to credentials, objections raised regarding appointment of Executive Members or Trustees was also considered. Since one of the candidate applied for the said post has been shown twice, the total number of Candidates was only 43. By a detailed order, the learned Principal Judge, City Civil Court, Chennai appointed the respondents 4 to 10 as Muthavallis for the Trust of the said Wakf. In his order, the learned Principal Judge, found fault with the petitioners on the ground that they did not inform the court for appointment of new Trustees after the period was expired and also on the ground that some of the properties have been leased out for a very low amount and the first petitioner himself has built a Hospital in the Wakf property by leasing it in the