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2004 Supreme(Mad) 699

N.V.BALASUBRAMANIAN, V.KANAGARAJ
M. S. Kumanan – Appellant
Versus
S. S. Mari Chettiar Trust – Respondent


Advocates Appeared:
Mr.T.V.Ramanujam, Senior Counsel for Mr.K.Venkataraman for Appellants. Mr.R.Muthukumaraswamy, Senior Counsel for Mr.B.Raviraja for Respondents.

Judgment :-

N.V. Balasubramanian, J.

1. This appeal is preferred against the order passed by the learned Subordinate Judge, Namakkal in I.A.No.333 of 2003 in O.S.No.125 of 2003 dated 30.6.2003.

2. Learned Subordinate Judge, by the order which is under challenge, has granted the interim injunction till the disposal of the suit restraining the appellants in the appeal, who are the defendants in the suit, their men and agents from interfering with the management and administration of the first plaintiff-trust and its institutions by virtue of the purported deed of amendment registered under Document No.532/2002 on the file of Sub Registrar, Komarapalayam dated 4.9.2002. The appellants herein are the defendants in the suit and the respondents herein are the plaintiffs in the suit and the parties are hereinafter referred to as shown in the plaint.

3. The first plaintiff is a charitable trust and the second plaintiff is its lifetime trustee and Managing Trustee-cum-Chairman. It is convenient to refer to the averments of the plaint, and according to the plaintiffs, the first plaintiff-trust was founded in the year 1968 under document No.42/68 on the file of Sub Registrar, Sankari by (i)

























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