LAWS(SC)-2001-4-54

P NARASIMHA BHAT Vs. B SHANKARANARAYANA RAO

Decided On April 03, 2001
P.NARASIMHA BHAT Appellant
V/S
B.SHANKARANARAYANA RAO Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein brought a suit in the court of Munsiff, Kasaragod, for declaration that the resolution dated 30th June, 1996 is invalid and unsustainable. The said suit was decreed. However, the first appeal filed by the defendant-respondents was allowed and the suit was dismissed. The second appeal filed by the appellant hereinbefore the High Court came to be dismissed. It is against the said judgment the appellant filed a special leave petition.

(3.) This Court while entertaining the spec ial leave petition passed the following order :"Notice is issued restricted to expunging the remarks noted down in resolution dated 30th June, 1996". The question, therefore, is whether the remarks "The managing trustee has not discharged his duties and has caused harm to the interest of the trust appearing in the resolution dated 30th June, 1996" be expunged.