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2005 Supreme(SC) 931

D.M.DHARMADHIKARI, ARUN KUMAR
R. Murali – Appellant
Versus
Kanyaka P. Devasthanam & Charities – Respondent


Judgment

Dharmadhikari, J.—Leave to file appeal is granted.

Counsel for the parties are heard on the merits of the appeal.

2. The appellants are aggrieved by the impugned order of the Division Bench of the High Court of Madras whereby leave granted under Section 92 of the Code of Civil Procedure to file suit for reframing scheme of administration of Sri Kanyaka Parameshwari Devasthanam and Charities by the learned single Judge has been revoked.

3. The aforesaid religious endowment and charitable trust admittedly is carrying on various activities which include running of high schools for girls and boys, maintaining three choultries, hostel for college students, Annachatram for feeding poor students and pilgrims, cremation ground, gardens and maintaining market in the vicinity of the temple.

4. Respondent Nos. 2 to 7 as members of the Board of Trustees of the religious and charitable institution named above, had instituted a suit No. OS 7453 of 1972 in the City Civil Court at Madras seeking a decree of declaration and injunction against the Commissioner and Deputy Commissioner restraining them from exercising powers under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959































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