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2012 Supreme(Mad) 642

G.RAJASURIA
Sivabakkiyam Muthusamy Trust, rep. by its Trustees – Appellant
Versus
S. Sivasankaran – Respondent


Advocates Appeared:
For the Appellants:R. Subramaniam for M/s. P. Valliappan, Advocates.
For the Respondents:R1 & R2 -T.R. Rajaraman, Sr. Counsel for M/s. T. Dhanyakumar, Advocate.

Judgment :-

1. This appeal is filed by the plaintiffs as against the judgment and decree dated dated 28.2.2011 passed by the Additional District Judge, (Fast Track Court), Namakkal, in O.S.No.142 of 2008, which was filed for declaration and other consequential reliefs.

2. The parties, for convenience sake, are referred to here under according to their litigative status and ranking before the trial Court.

3. The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this appeal would run thus:

(i) The appellants herein, as plaintiffs, filed the suit as against the defendants seeking the following reliefs:

"...the plaintiffs therefore prays:

a) for a declaration that the supplementary deed of Trust dated 3.1.2005 is void and inoperative in law.

b) for removal of the defendants from the office of the management of the plaintiff-trust by directing them to handover the management to the legally constituted trustees Dr.S.Natesan and Dr.N.Kavitha (Amended as per order in I.A.No.30 of 2009 dated 23.3.09).

c) for directing the defendants to render a true and faithfull account of all the income, receipts and expenditure of the trust prope


































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