ORDER :

(Prayer: Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 151 of Code of Civil Procedure, to grant an order of interim direction directing the first respondent to deposit a sum of Rs.2 crore per month into the credit of the aforesaid suit for the use and occupation of the petition schedule mentioned property pending disposal of the above suit.

Original Application filed under Order XIV Rule 8 of Original Side Rules r/w Order 39 Rule 1 and 2 of Code of Civil Procedure, to grant interim injunction restraining the respondent herein, their men, servants, or anyone claiming under them from in any manner putting up any constructions in the property morefully described in Schedule C hereunder which is part of Schedule A hereunder pending disposal of the suit in C.S.No.198 of 2016.

Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 151 of Code of Civil Procedure, to grant interim injunction restraining the respondents 1, 4 ad 5 herein or anyone claiming under them from in any manner putting up any construction or carry on any activity in suit C schedule property morefully described in the Judges Summons, pending disposal of the above suit.)

1. Experience shows that family infighting brings downfall of the family empire. No one can become a clear winner in litigations involving family disputes. Ultimately, all the family members involved in the litigation become losers though in varying degrees. Apart from loosing the wealth and income, relationships between the family members also takes a beating. The animosity and hatred continues to percolate for generation after generation, though the succeeding generations were not directly involved in the conflict. The present case is one such litigation between members of a well known business family who are having common business and charitable interest. The dispute is not merely a property dispute, but the dispute involves the fate of thousands of students, who are studying in a reputed school by name “Chettinad Vidyashram”, which was established as early as in the year 1986. Since the school is also the subject matter of the litigation, it would have been better if both the parties to the dispute could have amicably resolved their differences for the sake of the Educational Institution and its students. But, unfortunately, that has not happened. The noble objects of the author of the Public Trust has got shattered due to the infighting between the family members.

2. With a heavy heart, this Court is compelled to adjudicate and pass orders in these applications.

3. Even though, there are many parties to this litigation, the main dispute is only between two players viz., the one supporting Kumararani Tmt. Meena Muthiah, who is running the school “Chettinad Vidyashram” under a registered Society by name M/s.Kumararajah Muthiah School of Traditional Arts and Crafts and the other supporting Mr.M.A.M.R. Muthiah, the Managing Trustee of M/s.Rajah Muthiah Chettiar Charitable and Educational Trust.

4. The party supporting the case of Mr.M.A.M.R.Muthiah, who claims to be the adopted son of the deceased Dr. M.A.M. Ramaswamy and the Managing Trustee of M/s.Rajah Muthiah Chettiar Charitable and Educational Trust, the fourth defendant in C.S. No.223 of 2021 is M/s.Rajah Muthiah Chettiar Charitable and Educational Trust (the plaintiff in C.S. No.198 of 2016 and the first defendant in C.S. No.223 of 2021). M/s.Rajah Muthiah Chettiar Charitable and Educational Trust and Mr.M.A.M.R. Muthiah shall hereinafter be referred to as “PARTIES DISPUTING THE LEASE dated 29.10.2015”. According to them, the Lease Deed dated 29.10.2015 alleged to have been executed by M/s.Rajah Muthaiah Chettiar Charitable and Educational Trust in favour of M/s.Kumararajah Muthaiah School of Traditional Arts and Crafts, a registered society which is running the school “Chettinad Vidyashram”, is a sham and nominal document and therefore, it has to be declared as null and void.

5. The parti