ORDER

The petitioners have assailed the correctness of the order dated 22.08.2023 passed by the First Addl. Civil Judge & JMFC at Mangaluru in O.S. No.617/2023 by which an application filed by them under Order 7 Rule 11 of CPC was rejected.

2. The parties shall henceforth be referred to as they were arrayed before the trial court. The petitioners were the defendants while the respondents were the plaintiffs.

3. The suit in O.S. No.617/2023 was filed for the following reliefs.

(a) For a declaration that the Defendant No.1 and 2 are not lawfully appointed trustees of the 1st Plaintiff Bhandaram in accordance with the trust deed dated 08-10-1923 and for consequential prohibitory injunction restraining the Defendant No.1 and 2 from committing/executing any acts, deeds or things purporting to be the trustees of the

1st Plaintiff Bhandaram.

(b) For permanent prohibitory injunction restraining the 3rd Defendant from appointing any trustees to the 1st Plaintiff Bhandaram without the assent of the 2nd Plaintiff and or in violation of the terms of the trust deed dated 08-10-1923,purporting to be a hereditary trustee of the 1st Plaintiff Bhandaram.

4. The plaintiffs claimed that a private family tr