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2022 Supreme(SC) 420

VINEET SARAN, DINESH MAHESHWARI
V. Prakash @ G. N. V. Prakash – Appellant
Versus
P. S. Govindaswamy Naidu & Sons’ Charities Represented By Its Managing Trustee – Respondent


Advocates appeared:
For the Petitioner(s):V. Mohana, B. Ragunath, Sriram P., Advocates
For the Respondent(s):M. N. Rao, S. Thananjayan, Aaina Verma, Jaswanthi, Promila, Biju P Raman, I. Abrar Md. Abdullah, B. Karunakaran, Balam B., E. Sudarsanan, Raghul Jain, Anoop Prakash Awasthi, Advocates

JUDGMENT

Dinesh Maheshwari, J.

Table of Contents

1

Preliminary

2

Relevant factual matrix and background

3

The respondent-Trust and its constituents

4

First round of litigation and relevant events

5

Second round of litigation and relevant events

6

Third round of litigation & subject-matter before this Court

7

Findings of the Trial Court

8

Findings of the High Court

9

Other claimants

10

Rival Submissions

11

The appellant’s claim rightly accepted by the Trial Court

12

The questions of res judicata and estoppel

13

Conclusion

Preliminary

Leave granted.

2. This appeal, by the plaintiff of a suit for declaration and injunction, is directed against the judgment and order dated 04.03.2021, as passed by the High Court of Judicature at Madras, For short, ‘the High Court’, in Appeal Suit No. 978 of 2020 whereby, the High Court has allowed the appeal filed by the contesting defendants (respondent Nos. 1 to 8 herein) and has set aside the judgment and decree dated 12.10.2020, as passed by the Principal Dist


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