reached the conclusion that as of date, only three recorded
Trustees are surviving, which included applicant No.1 and non-
applicant ... Administrative meeting is 9 (nine), and in the
present case, the surviving Trustees did not form the requisite
quorum. The learned Joint Charity Commissioner observed
Muthavalli and how the successor trustee or Muthavalli
to be appointed.
18.As per the waqf deed the Trustees or muthavallis, as the
case ... nomination within six months from the occurrence of such vacancy
the surviving Trustee Muthavalli shall be entitled to nominate any
person to fill
Trust that in the month of
July 2018, there was only surviving trustee i.e.,
Sri.R.P.Kulkarni and since he was finding ... elect the trustees in a
democratic manner by prescribing the qualification for
appointing Trustees in consultation with of the Senior
trustee as well
there
was absence of due diligence on the part of the surviving Trustees of the
petitioner to pursue the suit pending before the Wakf Tribunal ... when the new President and Secretary were
appointed, and why the surviving Trustees failed to exercise due
diligence when the Secretary of the Trust died
Whenever a vacancy shall arise in the office of
Saniyasi Trustees of Sri Kandasamy temple by death,
resignation or retirement of the last holder ... usage obtaining in the institution
for such nomination or appointment the surviving trustee shall
within a fortnight of the occurrence of such vacancy publish
Learned counsel for the petitioner submits that the
petitioner is a trustee and that his name appears in Schedule I.
My attention is invited ... Gaikwad is the intervener and is
the sole surviving trustee on record at present. Further, learned
Joint Charity Commissioner has held that there
persons as
petitioners, claiming themselves to be the sole surviving trustees. In fact, they
were not so. Such petitioners relied upon translation of trust deed
cost.
2. The 1st plaintiff is a registered trust
constituted under the trustee dated 21/8/1997 with the
objective of promoting and developing Sree ... Narayanaswamy appointed
seven trustees and stipulated that the vacancies
amongst the trustees can be filled up by surviving
trustees. The relevant part of the will
recognising founder family member,
whereby the eldest surviving male descendant in the family will
become the trustee of the temple at Simhachalam, in exclusion ... father Maharaja Sri Alak Narayan Gajapathi
Raju, appointing as the trustee. The trustee has to manage its affairs
including the properties in the manner stated
Kamalesh Bhattacharya as
the executors and trustees of his Second Will. Sharmistha Bhattacharjee
(wife of the surviving executor and the present plaintiff) is a beneficiary
