ORDER : V.N. Khare, J. The appellants herein filed a suit under Section 92 of the Civil Procedure Code. In the said suit, the appellants moved an application for leave of the Court to file the said suit. The said application was rejected as according to the Court, there was no Trust. A revision petition was filed before the High Court but the same was dismissed. By means of these appeals, the appellants have challenged the validity of the judgment of the High Court. 2. When the case was taken up, Mr. Gopal Subramaniam, learned senior counsel appearing for the respondents stated that the respondents have no objection if the judgment under appeal is set aside and the appellants herein be granted leave to file suit provided all the questions regarding existence of the Trust too are left open to be decided in the said suit. Shri K. Parasaran, learned counsel appearing for the appellants has no objection. On the basis of the agreement between the parties, we set aside the judgment under appeal and consequently we grant leave to the appellants to file the suit under Section 92 of the Civil Procedure Code. However, we make it clear that any observation made by the trial Court or by the High Court will not come in the way of the trial Court in deciding the suit on merits. It will be open to the defendants-respondents herein to raise objections regarding jurisdiction of the Court and the existence of the Trust. With these observations, the appeals are allowed. There shall be no order as to costs.