The main legal point established in the judgment is that the party seeking an interim injunction must establish a prima facie case in their favor, demonstrate the balance of convenience in their favor, and show potential irreparable injury to justify the grant of the injunction.

JUDGMENT :

[D. Bharatha Chakravarthy. J.]

[Prayer in O.S.A.No.126 of 2022: Appeal preferred under Order XXXIV Rule 1 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 09.02.2022 in O.A.No.412 of 2021 in C.S.No.223 of 2021.]

[Prayer in O.S.A.No.133 of 2022: Appeal preferred under Order XXXIV Rule 1 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 09.02.2022 in O.A.No.334 of 2021 in C.S.No.198 of 2016.]

[Prayer in O.S.A.No.287 of 2022: Appeal preferred under Order XXXIV Rule 1 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 09.02.2022 in O.A.No.412 of 2021 in C.S.No.223 of 2021.]

A. The Appeals :

1. These Original Side Appeals arise out of the common order dated 09.02.2022 passed by the learned Single Judge in A.No.1831 of 2006 and O.A. No.334 of 2001 in C.S.No.198 of 2016 and O.A. No.412 of 2021 in C.S. No.223 of 2021 in and by which the prayers of interim injunction restraining the respondents in the respective applications from putting up any construction in the suit schedule -C- property were rejected.

B. The People :

2. The present set of suits and connected proceedings arise out of the conflict between the members of the family of Rajah Sir Muthiah Chettiar, son of Rajah Sir Annamalai Chettiar and the Trusts/Society declared, constituted and associated with the family.

3. The aforesaid Rajah Sir Muthiah Chettiar was married to Rani Meyyammai and they got two sons viz., Kumara Rajah Muthiah Chettiar and M.A.M.Ramaswamy Chettiar. Kumara Rajah Muthiah Chettiar was married to Kumara Rani Meena Muthiah and M.A.M.Ramaswamy Chettiar was married to Sigappi Aachi.

4. While so, on 24.01.1970, the said Kumara Rajah Muthiah Chettiar died untimely. Thereafter his mother viz., Rani Meyyammai died on 01.03.1970. The said Kumara Rajah Muthiah Chettiar and Kumara Rani Meena Muthiah did not have any issues and the said Kumara Rani Meena Muthiah adopted one M.A.M.M.Annamalai on 21.01.1983 (posthumously after the demise of her husband). Similarly, the said M.A.M.Ramaswamy Chettiar and Sigappi Aachi also did not have any issues and on 09.02.1996, the couple adopted one M.A.M.R.Muthiah as their son and the said M.A.M.R.Muthiah is married to one Geetha Muthiah and they have three children by name Meyyammai, Sigapi and Ramaswamy. While so, on 12.05.1984, the aforementioned Rajah Sir Muthiah Chettiar died. On 02.12.2015, the aforementioned M.A.M.Ramaswamy died.

C. The Property :

5. The subject matter of these appeals and the civil suits is an extent of 150 grounds of land in R.S.No.4277, which was adjacent to the palatial residence of the family. Of the said extent, now, an extent of 23 grounds is gifted to the Corporation of Chennai to form road and there remains 127 grounds. This property is described as Schedule A property in the suits and in this judgment. About 81.3 grounds of schedule A property is occupied by the school, namely, “Chettinad Vidyashram”, which is described as Schedule B property in the suits and in this judgment. The remaining extent of 41.6 grounds is a vacant land surrounded by compound wall which is described as Schedule C property in the suits and in this appeal.

D. The Transactions :

6. On 14.03.1957, the above mentioned Rajah Sir Muthiah Chettiar, Rani Meyyammai Aachi, Kumara Rajah M.A.M.Muthiah Chettiar, Kumara Rani Meenakshi Aachi, M.A.M.Ramaswamy Chettiar and Sigappi Aachi, by a Deed of Trust registered as Document No.213/1957 at the office of the District Registrar, Madras, constituted and founded “Rajah Muthiah Chettiar Charitable and Educational Trust” by transferring and conveying the shares held by them in various companies as mentioned in the schedule to the Trust Deed in favour of the trustees. Rajah Sir Muthiah Chettiar, Kumara Rajah M.A.M.Muthiah Chettiar, M.A.M.Ramaswamy Chettiar, M.P.Damodharam and V.Vaidyasubramanya Iyer were declared collectively as the trustees of the said Trust. The objects of the Trust were to establish, run and mainta