demise of the said
Motisingh, the said Gangasingh was the only surviving trustee.
On 22nd September, 1965, the said Gangasingh appointed two of
his four ... Indenture of Trust which
placed a specific restriction upon the surviving trustee viz. that the
trust property was to be distributed equally between sons
expired. An application was filed thereafter by
Dipendro, the surviving trustee and plaintiff no.3/opposite party no. 3 and Rupendro,
the other surviving trustee ... file the second application for withdrawal of suit. Although the other surviving
trustees have taken out an application in support of the said application
applicants.
The applicants claiming themselves to be the sole surviving
trustees of the trust created by the settlor seek leave of this
Court to transfer ... this application are that although both of them are the
surviving trustees of the said trust but due to lack of fund the
trust property
2019 06:09:29 :::
63-CHS-986-2009.DOC
the surviving trustee of the said Joyeden Trust. It is stated that by
Supplemental Deed made ... August, 2008, the sole trustee
Junot C. Pereira, as the sole surviving trustee to the Indenture to
the Trust made on 29th October
died and the appellant's aunt, as
the sole surviving trustee, is administering the trust.
The reliefs claimed in the plaint are, inter alia ... devastation or the like had been made out against
the surviving trustee to entitle the appellant herein to any order.
Given the frame
DISTRICT,
BEING THE LEGAL REPRESENTATIVE
OF DECEASED JAGANNATHA
BHEEMRAO TANKASALI,
SOLE SURVIVING TRUSTEE ... PETITIONER
(BY SRI. GIRISH A. YADAWAD FOR SRI V.P.KULKARNI,
ADVOCATE
petitioner and the other non-applicant i.e. the alleged sole surviving
trustee of the aforesaid trust before the Assistant Charity Commissioner.
By the impugned
death,
three sons of late Shivajirao Bhosale i.e. respondents became
Trustees of the Trust. Infact, there is delay of 13 years in moving ... mode of succession
came to be settled as "surviving Trustees to appoint Trustee from
Pandhare family." It is seen that despite this mode
herself and her husband, namely, Manmohan
Roy Choudhuri as the first joint trustees and shebaits for performing the work of
construction of the temple of Shri ... death of one of the aforesaid
trustees/shebaits, the surviving trustee/shebait would remain as the sole
trustee/shebait during his/her lifetime and would
direct the 3rd respondent to include
the name of the petitioner surviving hereditary trustee to represent the
Veeraswarasamy Koil, Othakkal Mandapam Village, Coimbatore District ... Even according to the petitioner, she is the only sole
surviving hereditary trustee of the Vigneswarasamy Temple and
she wants her name to be included
