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2015 Supreme(Mad) 789

N.KIRUBAKARAN
Imayam Trust, Rep. by its Chairman, Trichy District – Appellant
Versus
Balakumar – Respondent


Advocate Appeared:
For the Petitioner:J. Anandhavalli, Advocate.
For the Respondents:R2, P. Renganatha Reddy, R3, C.S. Ravichandran, Advocates.

Judgment :-

1. This civil revision petition has been filed by the defendants in the proposed suit under Section 92 of C.P.C., for framing a scheme for the administration of the first defendant trust, called “Imayam Trust”, Kannanur, Thuraiyur Taluk, Trichy District filed by respondents herein/proposed plaintiffs against the order of granting leave to sue against the petitioners/defendants for framing a scheme in respect of the “ Imayam Trust “.

2. Facts in nut shell are as follows:

The respondents/plaintiffs in the proposed suit approached the District Court for framing a scheme stating that Imayam Trust namely, first petitioner-trust is a public trust and it is mismanaged; its funds are misappropriated and the trustees are functioning detrimental to the interest of the trust namely committing act of misconduct, misappropriation and misuse of funds and breach of trust contrary to the trust deed dated 18.10.2004. In the proposed suit, leave was sought in I.A.No.247 of 2013 and counter was filed by the first petitioner herein and other defendants except fourth defendant therein and the third respondent herein, contending that it is a public trust, there is no mismanagement, misappropri























































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