Alok Verma, J. - (1.)This is first appeal arising out of order passed by learned 3 rd Additional District Judge, Khargone, West Nimar in Civil Suit No.15A/1998, wherein the learned Additional District Judge decided issue Nos.6, 8, 9 and 10 as preliminary issues and returned a finding that the suit is not maintainable and aggrieved by this order, present appeal is filed.
(2.)The plaintiffs/appellants filed a suit before the civil Court for removing the defendants, who were appointed as trustees of a Public Trust, for appointment of new trustees and also for account of income and expenditure of trust, being checked by a competent person.
(3.)The facts giving rise to this appeal were that late Dhanibai widow of Kanhaiyalalsa created a trust by a registered deed dated 16.09.1961. By the deed, she transferred her property to the trust, which was created for the members of Dashora community and the members of Hindu community at large. It was alleged by the plaintiffs that the trust was not properly managed. The defendant No.1 misused his position as trustees and had given various benefits to his relatives, and therefore, it was prayed that original trustees should be removed, and in their place, new trustees should be appointed. And also it was requested that income and expenditure account of the trust should checked by the competent person.