ORAL ORDER

1. This Appeal is filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 (for short, “the Code”) challenging the judgment and decree passed by the learned 10th Additional District Judge, Kachchh at Bhuj on 22.3.2021 in Trust Suit No.1 of 2010. Upon joint request of learned Advocates for the parties, present Appeal is taken up for final hearing.

2. Heard learned Advocate Mr. D.K. Puj for the Appellants and learned Advocate Mr. S.K. Patel for the Respondents.

3. Few facts necessary for disposal of this Appeal are as under:-

3.1. Plaintiffs-present Appellants filed Trust Suit No.1 of 2010 before the learned Additional District Judge, Kachchh at Bhuj against the Defendants-present Respondents praying for the decree restraining Defendants from interfering or obstructing in the administration of the Appellants-Trusts. Moreover, it is prayed that Defendants are not entitled to make any illegal use or enjoyment of the Trust properties. Defendants filed an Application Exh.63 under Order VII Rule 11 of the Code for rejection of the plaint on the ground that the suit is filed without the cause of action and for want of prior permission from the Charity Commiss