Back
2022 Supreme(Online)(Mad) 82702
MADRAS HIGH COURT
Honourable Mr Justice ABDUL QUDDHOSE
ISLAMIC MEDICAL AND EDUCATIONAL FOUNDATION, A CHARITABLE TRUST – Appellant
Versus
NIL – Respondent
CS/94/2020
Headnote:
Fact of the Case:
The plaintiff, a charitable trust, filed a civil suit seeking permission to sell certain apartments and undivided share in land.
Finding of the Court:
The court granted the plaintiff's request and the property was sold.
Final Decision: The suit was closed and the plaintiff was directed to file an application for permission to transfer the sale proceeds to the trust's account.
C.S.No.94 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.01.2022
Coram:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S.No.94 of 2020
Islamic Medical and Educational Foundation
A Charitable Trust,
Having office at
No.22, Harrington Road,
Chetpet, Chennai – 600 031.
Represented by its Trustee,
Dr.(Mrs.) Ayesha
... Plaintiff
Civil Suit filed under Order VII Rule 1 of CPC and Order IV Rule 1
of Original Side Rule read with section 92(f) of CPC seeking to permit the
plaintiff to sell the apartments in the ground and first floors bearing Old
Door No.132, Subsequent Door No.646, and present Door No.345, Anna
Salai (Mount Road), Thousand Lights, Chennai – 600 006, of an extent of
1440 square feet, together with the undivided share to an extent of 200
square feet in the land of a total extent of 2812 square feet, comprised in
O.S.No.86, R.S.No.44/14, C.C.No.217 of Nungambakkam Village, Egmore
Taluk, Chennai District to G.Kalyani for a sum of Rs.1,05,00,000/- subject
to such terms and conditions as may be imposed in this regard for sale of the
said property.
For plaintiff : Mr.V.G.Suresh Kumar
J UDGEMENT
1/3
https://www.mhc.tn.gov.in/judis
C.S.No.94 of 2020
Since the relief sought for by the plaintiff in CS.No.94 of 2020 has
been granted by this Court and the suit schedule property has been sold and
the sale deed has already been executed by the plaintiff on 29.12.2021 and
the sale consideration is also deposited before this Court, this suit is closed.
2. Learned counsel for the plaintiff submits that he has already filed
an application A.D15194 of 2021 seeking permission of this Court to
transfer the money lying to the credit of the suit to the account of the
plaintiff Trust.
3. Registry is directed to number the said application if it is otherwise
in order and post the said application for hearing on 10.01.2022.
05.01.2022
nl
2/3
https://www.mhc.tn.gov.in/judis
C.S.No.94 of 2020
ABDUL QUDDHOSE, J
nl
C.S.No.94 of 2020
05.01.2022
3/3
https://www.mhc.tn.gov.in/judis
