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Bharatnagar Swetamber M P Jain Sangh & Ors vs Hitesh Pannalal Mehta & Ors

Supreme Court Of India|09 October, 2009
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JUDGMENT / ORDER

Summary

Issue: Validity of substitution of trustees
Rule: Section 39 of the Trusts Act, 1882
Application: The substitution of trustees was valid and in accordance with the trust deed
Conclusion: The original trustees were relieved of their responsibilities and replaced by the new trustees
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6520 OF 2002 Bharatnagar Swetamber M.P. Jain Sangh & Ors. Appellant(s) Versus Hitesh Pannalal Mehta & Ors. Respondent(s) O R D E R Heard learned counsel for the parties.
I.A. No.1 of 2009 for substitution is allowed and the three substituted trustees, viz., Ms. Kshama Haresh Mehta, Mr. Prafull Anubhai Shah and Ms. Punita Haresh Mehta, are impleaded as Respondent Nos.3A, 3B and 3C. Vakalatnamas duly signed by the three substituted trustees have been filed in court and are taken on record.
A compromise petition duly signed by all the parties on 10th October, 2007 was earlier filed in this case. The aforesaid three substituted trustees have filed affidavits today in court accepting the consent terms. The affidavits are taken on record.
We have perused the compromise petition and the affidavits, referred to above. We are satisfied that the compromise is lawful. Accordingly, the appeal is disposed ...2/-
- 2 -
of in terms enumerated in the compromise petition. The compromise petition and the three affidavits filed by the substituted trustees shall form part of this order. The impugned order stands modified, accordingly, in terms of the compromise.
. J.
[B.N. AGRAWAL] New Delhi, October 09, 2009.
. J.
[AFTAB ALAM]
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Title

Bharatnagar Swetamber M P Jain Sangh & Ors vs Hitesh Pannalal Mehta & Ors

Court

Supreme Court Of India

JudgmentDate
09 October, 2009
Judges
  • B N Agrawal
  • Aftab Alam