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1954 Supreme(Mad) 316

GOVINDA MENON, RAMASWAMI GOUNDER
D. K. Raja – Appellant
Versus
P. S. Kumaraswami Raja – Respondent


Advocates:
R. Gopalaswami Aiyangar for Appellant.
V. Thyagarajan, P. Satyanarayanaraju and K. Veeraswami for Respondents.

Govinda Menon, J.-I.A. No. 275 of 1953 was an application in O.S. No. 41 of 1953 in the Court of the Subordinate Judge of Ramanathapuram at Mathurai in which the plaintiffs prayed for an injunction under Order 39, rules 1 and 2 and section 151 of the Code of Civil Procedure restraining the fifth defendant from doing anything interfering with the status quo of the Trust Committee and its constitution described in the plaint, pending disposal of the suit, subject to his right to become trustee-manager for three years by devolution.

The learned Subordinate Judge held that for the purpose of preserving the status quo and for maintaining the balance of convenience, the fifth defendant should be restrained by means of an interim injunction pending disposal of the suit from interfering with the status quo of the trust committee and its constitution without prejudice to his rights to become the trustee-manager for a period of three years, consequent on the death of his father and hence this appeal.

The first defendant in the suit who is since dead along with defendants 5 to 8 and the second plaintiff constituted a joint Hindu family of affluent people in Rajapalayam. The first plaintiff who



















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