JUDGMENT :

Vivek Bharti Sharma, J.

This civil revision has been filed by the revisionists/defendant no.2 and 3 against the order dated 28.11.2022 passed by 2nd Additional District Judge, Nainital in “Misc. Civil Suit No.47/2007 “Anirudh Singh Katoch vs. Ashok Singh Bisht and others”, whereby the application filed by the revisionists/defendant no.2 and 3 under Section 151 of C.P.C. to declare the Thakur Dan Singh Trust extinguished, has been dismissed.

2. Learned counsel for the revisionists/defendant nos.2 and 3 would submit that the respondent nos.1 and 2/plaintiffs filed a suit against the revisionists/defendant nos.2 and 3 and respondent nos.3/defendant no.1 with the following prayer:-

“(A) Discharge opposite party no.1 and no. 2 as Trustees of Thakur Dan Singh Bist Trust and new Trustees be appointed in their place.

(B) Restrain opposite party no.3 from acting as the Chairman of the aforesaid Trust in the interest of justice otherwise the aforesaid Trust through its Chairman would suffer irreparable loss and injury.

(C) Impound the beneficial interest of opposite party no.1 and no.2 as against themselves and all.

(D) Allow the costs of the suit be awarded to the petitioners against th