submits that the trust is a duly registered public trust under the
Act of 1959 on 26.04.1966. He further, submitted that the
applications were filed before the learned District Court under the
provisions of Section 40 of the Act of 1959 and not under the
provisions of Code of Civil Procedure, 1908.
14.1 Learned Senior Counsel for the respondent also submitted
that the appeals itself are not maintainable as the applications
were allowed under Section 4 of the Act of 1991 and as there is no
provision of appeal in the Act of 1991 therefore, the applicants-
appellants ought to have filed writ petitions before the High Court.
14.2 Learned Senior Counsel for the respondent further submitted
that since the applicants-appellants in his affidavit have already
categorically taken stand that they are not seeking conversion,
therefore, the issues which have been framed seeking conversion
does not survive and therefore, such issues may be deleted.
14.3 It is contended by learned Senior Counsel for the respondent
that if the main relief is of conversion and mismanagement being
consequential relief, therefore, as per the affidavit of the
applicants-appellants if they are not seeking conversion and if this
Court deletes such issues, then the consequential or ancillary
relief does not survive and remanding of the matter would be a
waste of time of the Court and would amount to riding of a dead
horse.
