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2011 Supreme(Mad) 125

K.K.SASIDHARAN
Idol Of Sri Bhoologanathaswamy – Appellant
Versus
N. Kanagasabapathy Pillai – Respondent


Advocates Appeared:
K.Govindarajan, J.Anandavalli

JUDGMENT

( 1. ) CHALLENGE in this Civil Revision Petition is to the order dated 04.02.2008 in I.A.No.1180 of 2003 in Trust O.P.No.3 of 1998 on the file of the learned Principal District Judge, Trichirappalli, whereby and whereunder, the learned Principal District Judge was pleased to reject the review petition filed by the petitioners to review the order dated 18.06.2001 in Trust O.P.No.3 of 1998. BACKGROUND FACTS:

( 2. ) THE respondents have instituted a proceeding before the learned District Judge, Trichirappalli in Trust O.P.No.3 of 1998 praying for an order to remove the charge for the performance of petition schedule charities viz., Upayam and Dharmam from the income of the 'A' schedule property and impose the charge on 'B' schedule property.

The respondents in their Original Proceeding contended that the property described in schedule 'A' was purchased by one Veeramalai Pillai as per document dated 03.05.1901. Subsequently, there was a partition in the family of Veeramalai Pillai as per document dated 21.01.1921. In the said partition, a charge has been created over the income from the 'A' schedule property for the performance of Arthajama Kattalai Upayam in Arulmighu Boologan























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