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2019 Supreme(Mad) 1420

M.M.SUNDRESH, C.SARAVANAN
C. Padmavathi – Appellant
Versus
K. T. Anbalagan – Respondent


Advocates Appeared:
For the Appellant :K.V. Subramaniam, S.C., V. Veluchamy, Advocate
For the Respondents:S. Thankasivan, Renganatha Reddy, M/s. King and Patridge, P.B. Balaji, A. Jenasenan, A.E. Ravichandran, Advocates

JUDGMENT :

M.M. Sundresh, J.

(Prayer: Original Side Appeal are filed under Order XXXVI Rule I of the Original Side Rules read with Clause 15 of the Letters Patent against the judgment and decree dated 27.06.2017 passed in C.S.No.294 of 2003.)

1. This appeal is preferred against the order of the learned single Judge in his approval of the draft scheme decree after due consultation with the learned Administrator, who was a Judge of this Court having served with the distinction.

2. A Public Charitable Trust under the name and style of Jai Bharath Charitable Trust was established way back in the year 1994 (28.12.1994). The prime object of the Trust is imparting of education through the establishment of institutions. A Supplemental Trust Deed was executed on 31.08.1995, by which, additional Life Trustees were added and inducted to the Trust.

3. A suit was filed in C.S.No.294 of 2003 inter alia making certain allegations of misfeasance and malfeasance by the Managing Trustee and the Chairman of the Trust in collusion with the others. The appellant herein was impleaded as the defendant in the year 2011.

4. The Court appointed an Administrator, who was a retired Judge of this Court. The learned

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