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Judgment
Leave granted.
The appellant herein brought a suit in the court of Munsiff, Kasaragod, for declaration that the resolution dated 30th June, 1996 is invalid and unsustainable. The said suit was decreed. However, the first appeal filed by the defendant-respondents was allowed and the suit was dismissed. The second appeal filed by the appellant hereinbefore the High Court came to be dismissed. It is against the said judgment the appellant filed a special leave petition.
This Court while entertaining the spec ial leave petition passed the following order :"Notice is issued restricted to expunging the remarks noted down in resolution dated 30th June, 1996".
The question, therefore, is whether the remarks "The managing trustee has not discharged his duties and has caused harm to the interest of the trust appearing in the resolution dated 30th June, 1996" be expunged.
We have heard learned counsel for the parties. On perusal of the record we find that the appellant herein was not given an opportunity in respect of the allegation attributed to him. We further find that there was no warrant for other trustees in meeting held on 30th June, 1996 to record the aforesaid remarks against the appellant herein. We, therefore, set aside the remarks extracted hereinbefore. The validity of rest of the resolution is affirmed. The appeal is disposed of in the aforesaid terms. There shall be no order as to costs.