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1993 Supreme(Mad) 310

ABDUL HADI
N. Anandan – Appellant
Versus
Ayyanna Gounder and Others – Respondent


Appearing Advocates:V. Nicholas, G. Subramaniam, M.B. Ramamoorthy, Advocates.

Judgment :-

The 1st defendant in O.S. No. 1217 of 1990 on the file of Sub Court, Coimbatore is the appellant in both these Civil Miscellaneous Appeals. The said suit is one under Section 92, C.P.C. for settling a scheme for the administration of the 1st plaintiff-Trust, the 1st respondent in both the appeals. The 2nd and 3rd respondents herein who are also plaintiffs in the suit, claim to be trustees of the abovesaid trust. These two C.M.As. are against the common order dated 21-4-1993 in three I. As. in the said suit including I.A. Nos. 1511 and 1513 of 1990. C.M.A. 495 of 1993 is against the temporary injunction order in the abovesaid I.A. No. 1511 of 1990 in the said suit restraining the appellant from leasing out the trust properties or collecting the income thereof, as Managing Trustee of the said Trust. C.M.A. No. 497 of 1993 is against the order in the abovesaid I.A. No. 1513 of 1990 appointing a Receiver to take possession of the suit trust properties and manage them.

2. Respondents-1 to 3 in the C.M.As. appeared even as caveators and since only a point of law is involved in these two appeals as is indicated below, the appeals themselves have been taken up for disposal.

3. Th












































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