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2017 Supreme(Mad) 1490

T.RAVINDRAN
Chandrasekaran – Appellant
Versus
Thagattur Anna Chatram Vinayagar Mutt, Thanneerpandal Dharmam Rep. by it's Managing Trustee Ramkumar – Respondent


Advocates Appeared:
For the Appellant :Mr. S. Sounthar, Advocate.
For the Respondents:Mr. C. Jagadish, Advocate.

JUDGMENT :

Mr. T. Ravindran, J.

In this second appeal, the second defendant has impugned the judgment and decree dated 16.12.2010 made in A.S.No.29 of 2007 on the file of the Sub Court, Nagapattinam, confirming the judgment and decree dated 05.02.2007 made in O.S.No.260 of 2000 on the file of the District Munsif Court, Nagapattinam.

2. The second appeal has been admitted and the following substantial questions of law are formulated for consideration in this second appeal :-

"(a) Whether the suit laid by Ram Kumar claiming to be the Managing Trustee of the plaintiff's Trust is maintainable when there is a cloud over the Managing Trusteeship of the plaintiff's Trust ?

(b) Whether the Courts are legally correct in granting the relief of permanent injunction and mandatory injunction without prayer for recovery of possession of the suit property ?"

3. The suit has been laid by the plaintiff for permanent injunction and mandatory injunction.

4. Originally, the plaintiff Trust represented by its Managing Trustee Sudhakar has laid the suit. Pending the suit, Sudhakar having died, his son Ramkumar has been substituted and he is continuing the suit as the Managing Trustee of the plaintiff Trust.

5.

















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