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1998 Supreme(Ker) 275

S.SANKARASUBBAN
Amrithakumari – Appellant
Versus
Ramanathan – Respondent


Judgment :-

S. Sankarasubban, J.

This Civil Revision Petition is filed against the order in 1. A. No. 2868/96 in O.S. No. 7/96 of the 1st Additional District Court, Thrissur. By the above interlocutory order, the Court below gave leave for respondents 1 to 3 to institute suit under S.92 of the Code of Civil Procedure. Petitioners in this Civil Revision Petition are respondents 1 and 2. Notice to respondents 4 to 16 has not been served. But in the facts of this case it is not necessary to await return of notice, because they have not challenged the order in I. A. No. 2868/96. The application was filed for the grant of leave to institute a suit against the Perinjanam High School, which is a public trust and to recover the plaint schedule properties with mesne profit after declaring that all alienations made with regard to the trust properties are voidable and to set aside the same. It also prayed for removing the present trustees for their misdeeds and maldeeds and misappropriation of funds, for rendition of accounts and for other reliefs.

2. Some prominent persons of Perinjanam who wanted to spread education and do other social and community activities formed themselves as sponsors fo













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