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2015 Supreme(All) 1545

SUDHIR AGARWAL, BRIJESH KUMAR SRIVASTAVA II
MOTI LAL BHIM RAJ CHARITY TRUST – Appellant
Versus
PRAKASH CHAND JHUNJHUNWALA – Respondent


Advocates:
Counsel :
Anil Tiwari, M.M. Pandey, P.K. Ganguly, R.C. Maurya, Vishnu Gupta and Arun Kumar Gupta for the Appellant; Vinod Swaroop,Gopal Chandra Saxena and V. Sahai for the Respondent.
.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This defendants’ appeal under Section 96 of the Civil Procedure Code (hereinafter referred to as ‘C.P.C.’) has arisen from judgment and decree dated 15th May, 1987 passed by Shri Munendra Kumar, IIIrd Additional District Judge, Kanpur Nagar, Kanpur in Original Suit No. 10 of 1982, filed under Section 92 C.P.C., for removal of defendants No. 1 to 4 from trusteeship and appointment of Shri Mahabir Prasad and plaintiff 2 as new trustees and for some other relifes.

2. Trial Court decreed the suit, passing following operative order:

“The suit of the plaintiffs is decreed. The defendants No. 1 to 4 are directed to furnish the accounts of the trust and the accounts relating to the investment of the sale proceeds raised from the sale of the property of the trust at Bombay. The defendants No. 1 to 4 will, however, remain the trustee but at the same time plaintiff No. 1 and plaintiff No. 2 are appointed trustees. They shall be included in the list of trustees and they shall hold the office of the trustees and entitled to attend the meetings of the trust and to have full knowledge of the resolutions drawn and minutes known. The strength of the trustees from


































































































































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