ACHARYA TEJANDRAPRASAHADJI Versus KHUBCHAND , Syed Abbas Zia

ORDER

1. AJMAL MIAN, J.‑‑ These are the two appeals arising out of the same order passed by a learned Single Judge of this Court in Suit No. 149 of 1972, whereby the learned Single Judge has inter alia ordered that the Receiver appointed by the Court should prepare a list of all the followers of Sawaminath Jeet residing in Karachi and shall hold elections for filling in the posts of 5 trustees who shall manage the trust temple and property in dispute. It is the grievance of all the parties that mode of electing trustees provided for in the order is not practicable. It is also their grievance that there were 3 schemes before the learned Single Judge submitted by different parties and, therefore, the learned Single Judge should have considered either the above 3 schemes or should have evolved some new scheme which could have satisfied all the interested parties. We would allow the above two appeals and set aside the order and would order that the learned Single Judge would proceed from the stage at which the A case was when the order under appeal was passed. The learned Single Judge shall decide the question of scheme which is to be applied to the present trust in accordance with law.

2. H . B . T . / A‑259/ K Intra‑Court appeal allowed.