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2021 Supreme(Mad) 621

G.JAYACHANDRAN
P. S. Govindaswamy Naidu & Sons' Charities, represented by its Managing Trustee, L. Gopalakrishnan, Coimbatore – Appellant
Versus
V. Prakash @ G. N. V. Prakash – Respondent


Advocates Appeared:
For the Appellants :G. Masilamani, Sr. Counsel, R. Bharanidharan, Advocate.
For the Respondents:Satish Parasaran, Sr. Counsel, R. Parthasarathy, R. Bharath Kumar, Advocates.

JUDGMENT :

Prayer: Appeal Suit is filed under Section 96 of C.P.C against the judgment and decree made in O.S.No.160 of 2018 dated 12.10.2020, on the file of the Principal District Judge, Coimbatore.

1. This Appeal Suit is filed against the judgment and decree passed by the trial Court in a suit filed for declaration and consequential injunction.

2. The background facts of the case is that M/s. P.S. Govindaswamy Naidu & Sons' Charities is a public Trust nearly 100 years old. It is running several charitable and education institutes. The Trust was initially administered based on the Trust deed dated 25.01.1926. To improve the efficiency, the General body of the Trust resolved to get legal opinion and frame a scheme for the Management. Accordingly, the Court of Subordinate Judge at Coimbatore on 29.02.1936 framed scheme of administration pursuant to the decree passed in suit in O.S.No.145 of 1935. As per the scheme, the Trust shall be administered by the Board of Trustees comprising of 9 Trustees under two categories. Out of nine Trustees 4 shall be from the family of founder called

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