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2017 Supreme(Mad) 1734

RAJIV SHAKDHER, ABDUL QUDDHOSE
P. Elumalai – Appellant
Versus
Pachaiyappa’s Trust Board, Rep. by its President – Respondent


Advocates Appeared:
For the Appellants : Mr. T.R. Rajagopalan, S.C, Mr. T.R. Rajaraman
For the Respondents: Mr. M. Devendran, Mr. S. Thiagarajan, S.C, Mr. S. Giridharan

JUDGMENT :

ABDUL QUDDHOSE, J.

1. This Original Side Appeal has been preferred against the judgment and decree dated 30.01.2013, passed by the learned Single Judge in C.S.No.993 of 2001.

2. The appellants in this appeal are the 3rd and 4th plaintiffs in the suit. The remaining plaintiffs in the suit namely, 1, 2 and 5 have been arrayed as respondent Nos.20, 21, and 22 in this appeal as they have not joined with the appellants in filing this appeal.

3. The Plaintiffs filed the suit against the defendants under Section 92 of the Code of Civil Procedure seeking the following reliefs:

“(a) Frame a scheme in respect of Govindu Naicker Trust by bifurcating the Trust Govindu Naicker Trust’ from the Management of Pachaiyappa’s Trust.

(b) Appoint 5 or more Trustees which includes from among the members of Testator’s Vanniya community;

(c) Issue a direction directing that the management of Govindu Naicker Trust and its properties which includes movables and immovables and handed over or vested with the Trustees so appointed in the scheme;

(d) Direct the defendants herein to deliver possession of the properties along with records of Govindu Naicker Trust to the trustees appointed by this Court;

(e) Dir































































































































































































































































































































































































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