IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2024 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR C.R.P.No.2523 of 2024 Pebble Green Trust, Rep. By its Permanent Trustee, Mrs.Usha R.Prabhakaran, W/o.Late S.G.Prabhakaran, Having Office at No.14, Pebble Green, Sterling Avenue, Sakthi Nagar, Porur, Chennai – 600 116. ... Petitioner Vs.

NIL ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the conditions mentioned in Paragraph 10(8) and 10(9) of the fair and decreetal order dated 01.02.2024 passed by the learned District and Sessions Judge, District Court-II, Kanchipuram in Trust O.P.No.97 of 2023.

For Petitioner : Mr.P.H.Arvind Pandian Senior Counsel for Mr.A.Karthikeyan ORDER This civil revision petition is filed to set aside the conditions mentioned in Paragraph 10(8) and 10(9) of the fair and decreetal order dated 01.02.2024 passed in Trust O.P.No.97/2023 by the learned District and Sessions Judge, District Court-II, Kanchipuram.

2.The contention of the learned senior counsel appearing for the petitioner is that an application under Section 34 of the Trust Act r/w. 151 of CPC to permit the Permanent Trustee to sell the schedule of properties belonging to the Trust to any other person/parties offering higher/reasonable price fixed by the Court based upon the prevailing market value of the property fixed by the Registration Department and to deposit the sale proceeds and other benefits in the bank account of the sole beneficiary Mr.G.P.Prajnesh to fulfill the object and intent of the Trust. The petitioner, namely, Pebble Green Trust is a private trust constituted by a registered deed of Declaration of Private Trust dated 15.12.2008, Document No.2359 of 2008 registered at the office of the Joint Sub-Registrar-II, Saidapet. The Trust carrying on its activities from 15.12.2008, from the funds of the Trust for the sole benefit of the beneficiary, who is none other than the son of the Permanent Trustee, as per Clause 4 of the Trust Deed. The permanent trustees are Shri.S.G.Prabakaran and his wife Mrs.Usha R.Prabakaran, the duties and liabilities of the Trustees and the Board of Trustees are set out in paragraph 3 of the Trust Deed. The sole beneficiary of the Trust is Mr.G.B.Prajnesh, who is the son of the Permanent Trustees. The petitioner Trust purchased some lands, which are as follows:

SCHEDULE-A Item No.1 All the piece and parcel of vacant land situate in S.No.653/11B (Part) in Nandambakkam Village, previously in Sriperumbudur Taluk and now in Kundrathur Taluk, Kancheepuram District, Tamil Nadu and measuring an extent of 0 Acre 3.25 Cents.

Item No.2 All the piece and parcel of vacant land situate in S.No.653/11B (Part) in Nandambakkam Village, previously in Sriperumbudur Taluk and now in Kundrathur Taluk, Kancheepuram District, Tamil Nadu and measuring an extent of 0 Acre 3.25 Cents.

SCHEDULE-B Item No.1 All the piece and parcel of vacant lands situate in Poonthandalam Village previously in Sriperumbudur Taluk and now in Kundrathur Taluk, Kancheepuram District, Tamil Nadu, in the Survey numbers with corresponding extents as detailed below:

Sl.No.	Survey No.	Extent in Acres	Village Name
1	191/1A (Part)	0.07	Poonthandalam
2	193/6A (Part)	0.17	Poonthandalam
3	193/5A	0.58	Poonthandalam
4	193/4A	0.56	Poonthandalam
5	193/3A	0.57	Poonthandalam
6	193/2A	0.77	Poonthandalam
7	193/1B1	0.28	Poonthandalam
8	193/1A1	0.41	Poonthandalam
	Total	3.41

Item No.2 All the piece and parcel of vacant lands situate in Poonthandalam Village previously in Sriperumbudur Taluk and now in Kundrathur Taluk, Kancheepuram District, Tamil Nadu, in the Survey numbers with corresponding extents as detailed below:

Sl.No.	Survey No.	Extent in Acres	Village Name
1	191/1A (Part)	0.30	Poonthandalam
2	193/6A (Part)	0.40	Poonthandalam
3	164/1A	0.39	Poonthandalam
4	191/2	0.43	Poonthandalam
5	193/7B	0.73	Poonthandalam
6	193/7A	0.49	Poonthandalam
	Total	2.74

3.One

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