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2025 Supreme(Mad) 5339

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, MOHAMMED SHAFFIQ
Lakshmi Homes Private Limited, Represented by its Managing Director – Appellant
Versus
Pachaiyammal Educational Trust, Represented by its Managing Trustee, Mr. S. Vengateswaran, S/o. Sekhar – Respondent


Advocates Appeared:
For the Appellant : Mr. N.L. Rajah, Senior Counsel for Mr. K. Balu, Mr. A.K. Sri Ram Senior Counsel for Ms. Senthoori Pugazendhi.
For the Respondents: Mr. V. Raghavachari, Senior Counsel for N. Umapathi, Mr. N. Ramesh, Mr. M.S. Krishnan Senior Counsel for Mr. C. Jagadish & Mr. N.C. Ashok kumar.

JUDGMENT :

S.M. SUBRAMANIAM, J.

I. Introduction:

The present original side appeal has been instituted to assail the judgment and decree passed in C.S.No.51 of 2024, granting permission to sell Public Trust properties at S.Nos.290/1 to 290/8, 291/1A to 291/9, 292/1 to 292/18, 293/3 to 293/18, 294/1 to 294/22 and 264/8 at Kattagaram Village, Sriperumbudur Taluk, Kancheepuram District to an extent of 23.51 acres for a sum of Rs.16 Crore.

2. Civil Suit has been instituted by the Public Trust and its Trustee under Order VII Rule 1 and Section 92 (f) of Code of Civil Procedure, seeking permission to sell the properties of the Public Trust. No one has been shown as defendant.

II. Background of the Trust:

3. The plaintiff/Trust was founded by Mrs.Saradha Sekhar, via Trust Deed (Document No.74 of 1995 dated 30.10.1995), registered on the file of Joint Sub-Registrar-I, Dharmapuri. Properties were purchased as per the Trust Deed Clauses. After her demise, the present Trustees have taken over the Trust with Supplementary Deeds executed on 28.09.1998, registered as Document No.74 of 1998 and on 11.07.2002 vide Document No.123 of 2002. The present Managing Trustee, Mr.S.Venkateshwaran, took charge on

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