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1998 Supreme(Mad) 529

S.S.SUBRAMANI
G. R. Govindarajulu & Sons Charities, Coimbatore & others – Appellant
Versus
R. Sethurao and others – Respondent


Advocates:
Mr.A.L. Somayaji, Senior Counsel for M/S Aiyar & Dolia for Petitioners. Mr.T.R. Rajasekaran and Mr.R. Subramanian for Respondents.

Judgment :

.1. This revision is filed under Article 227 of the Constitution of India by the proposed defendants in a suit which is proposed to be filed by the respondents herein under Section 92(1) of the Code of Civil Procedure. The respondents herein obtained leave for the institution of the suit under Section 92(1) of the Code of Civil Procedure against the petitioner.

2. I do not want to give a detailed history of the litigation except for the statement that the respondents herein alleged various acts of mismanagement of the public trust.

3. The petitioners herein opposed the grant of consent and the main reason for the same is that there is already a suit pending before the Court and therefore a second suit for the very same relief is unnecessary. It is also contended that in an earlier suit, the plaintiffs therein moved for some interim relief and the same was not granted as sought for by them and the proposed suit is only an another attempt to get the very same relief by filing a separate suit.

4. It is the further case that the proposed suit to be filed is not bona fide and intended only to harass the public trust. It is also said that there is no proper application of




























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