This appeal is filed by the appellants/petitioners

challenging the order passed by the Principal District &

Sessions Judge, Mysore in Misc.No.26/2008 whereby the

application filed by the petitioners under Section 92 of Civil

Procedure Code, seeking leave of the court for institution

of the suit against the respondents has been rejected.

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2. The appellants/petitioners claims to be the trustees

of ‘Sowkar Chenabasappa’s Veerashiva Ashram’. Their

case is that the other trustees are trying to lease out the

trust property for a lesser sum. To protect the interest of

the trust, they have filed a suit. Along with the plaint,

they have filed an application under Section 92 of the Civil

Procedure Code seeking leave of the court for institution of

the suit. The said application has been dismissed. Being

aggrieved by the same, they are before this Court.

3. Sri H.N.Shashidhara, the learned Senior Counsel

appearing for the appellants has contended that under

Section 92 of the Civil Procedure Code, while granting

leave, the court has to examine the averments made in

the plaint and the petitioners have to establish that they

are interested parties to the tru