Krishniengar Vs. Sri Viraraghavathathachariar, Trustee of Nachiar Kovil Devastanam and anr. - Court Judgment

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Subject	Trusts and Societies
Court	Chennai
Decided On	Jul-13-1915
Judge	Oldfield and; Sadasiva Aiyar, JJ.
Reported in	AIR1916Mad549(1); 30Ind.Cas.771
Appellant	Krishniengar
Respondent	Sri Viraraghavathathachariar, Trustee of Nachiar Kovil Devastanam and anr.

Excerpt:
execution - trust--decree directing trustees to perform some festival--direction to trustees to perform same, if can be issued--jurisdiction. - 1. petitioner holds a decree directing certain trustees to perform a festival. in the petition under disposal he moved the subordinate court to issue a direction to the trustees to perform the festival, the time for which was approaching. neither that court nor this has any power under the code to issue such a direction in the circumstances. the appeal against order is dismissed with costs.

Judgment:

1. Petitioner holds a decree directing certain trustees to perform a festival. In the petition under disposal he moved the Subordinate Court to issue a direction to the trustees to perform the festival, the time for which was approaching. Neither that Court nor this has any power under the Code to issue such a direction in the circumstances. The appeal against order is dismissed with costs.